Research Handbook on Climate Change, Migration and the Law


Research Handbook on Climate Change, Migration and the Law

9781785366581 Edward Elgar Publishing
Edited by Benoît Mayer, Assistant Professor, Faculty of Law, Chinese University of Hong Kong and François Crépeau, Hans & Tamar Oppenheimer Professor in Public International Law, Faculty of Law, McGill University, Canada
Publication Date: 2017 ISBN: 978 1 78536 658 1 Extent: 512 pp
This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.

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Concerns have arisen in recent decades about the impact of climate change on human mobility. Many people affected by climate change are forced or otherwise decide to migrate within or across international borders. Despite its clear importance, many questions remain open regarding the nature of the climate-migration nexus and its implications for laws and institutions. In the face of such uncertainty, this Research Handbook offers a comprehensive picture of laws and institutions relevant to climate migration and the multiple, often contradictory perspectives on the topic.

Carefully edited chapters by leading scholars in the field provide a cross section of the various debates on what laws do, can do and should do in relation to the impacts of climate change on migration. A first part analyses the relations between climate change and migration. A second part explores how existing laws and institutions address the climate-migration nexus. In the final part, the chapters discuss possible ways forward.

This timely Research Handbook provides much-needed insight into this complex issue for graduate and post-graduate students in climate change or migration law. It will also appeal to students and scholars in political science, international relations, environmental studies and migration studies, as well as policymakers and advocates.
Critical Acclaim
‘Research Handbook on Climate Change, Migration and the Law, is, in many ways, an outstanding book. In a collection of 20 chapters, authored by experts from different fields and geographical back-
grounds, the book compiles the most recent perspectives on the debate surrounding the development of legal protection to climate-induced migrants. The book is of common interest to academics in the fields of law, political and social sciences, and political philosophy, but also to anyone concerned in getting a detailed overview of the current challenges related to the interplay between climate migration and the law. The views of the various contributors are at times conflicting and thus expose the complexity of the normative debate attempting to establish how law should respond
to climate-induced migration.’
– Melina Duarte, Journal of Human Rights and the Environment

‘The breadth and depth this book brings to the legal issues surrounding climate-related displacement and migration are simply unmatched. The contributors explain the conceptual difficulties in identifying “climate migrants,” analyze the weaknesses in the current legal and institutional framework, identify gaps, and propose innovative solutions. The volume should be read by everyone interested in the topic, from those learning about it for the first time to policymakers trying to address one of the most difficult challenges climate change poses.’
– John H. Knox, UN Special Rapporteur on Human Rights and the Environment and Wake Forest University, School of Law, US

‘While many publications on the climate change-migration nexus present a specific and oftentimes narrow approach to this topic, Mayer and Crépeau succeed in bringing together a wealth of different and sometimes contradicting perspectives. The Research Handbook is a comprehensive and thought-provoking collection of high-quality contributions and thus essential reading for everyone interested in the current state of art in a field that addresses one of the biggest challenges of the 21st century.’
– Walter Kälin, University of Bern, Germany
Contributors: G. Appave, F. Biermann, I. Boas, M. Burkett, M. Byrne, C.Cournil, F. Crepeau, F. De Salles Cavedon-Capdeville, C. Farbotko, E. Ferris, F. Gemenne, K. Hansen, J. Hathaway, C. Hong, D. Ionesco, A.O. Jegede, S. Jodoin, S. Kagan, M. Leighton, S.F. Martin, B. Mayer, S. Mcinerney-Lankford, R. Mcleman, I. Millar, D. Mokhnacheva, C.T.M. Nicholson, E. Pires Ramos, A. Randall, A. Sironi, M. Traore Chazalnoël, C.A. Vlassopoulos, K. Wilson, K.M. Wyman

1. Introduction
Benoît Mayer and François Crépeau,

Part I Perspectives on the climate-migration nexus
2. Climate-related migration and its linkages to vulnerability, adaptation, and socio-economic inequality: evidence from recent examples
Robert McLeman

3. ‘Climate-induced migration’: ways forward in the face of an intrinsically equivocal concept
Calum T.M. Nicholson

4. Representation and misrepresentation of climate migrants
Carol Farbotko

Part II Existing laws and institutions
5. The inadequacy of international refugee law in response to environmental migration
Christel Cournil

6. The relevance of the Guiding Principles on Internal Displacement for the climate change-migration nexus
Elizabeth Ferris

7. Climate Change, Human Rights and Migration: A Legal Analysis of Challenges and Opportunities
Siobhán McInerney-Lankford

8. Indigenous peoples, climate migration and international human rights law in Africa, with reflections on the relevance of the Kampala Convention
Ademola Oluborode Jegede

9. International Climate Change Law Perspectives
Maxine Burkett

10. Displacement Due to Responses to Climate Change: The Role of a Rights-Based Approach
Sébastien Jodoin, Kathryn Hansen and Caylee Hong

11. Climate change, migration and the law of State responsibility
Benoit Mayer

12. Regional responses to climate change and migration in Latin America
Erika Pires Ramos and Fernanda de Salles Cavedon Capdeville

13. Organizational perspectives: International Organization for Migration’s role and perspectives on climate change, migration and the law
Gervais Appave, Alice Sironi, Mariam Traore Chazalnoel, Dina Ionesco and Daria Mokhnacheva

14. Organizational Perspective from the International Labour Organization
Sophia Kagan, Meredith Byrne and Michelle Leighton

15. Engaging the media on climate-linked migration
Alex Randall

Part III Ways forward?
16. Ethical Duties to Climate Migrants
Katrina M. Wyman

17. When climate-induced migration meets loss and damage: a weakening agenda-setting process?
Chloé Anne Vlassopoulos

18. The refugees of the Anthropocene
François Gemenne

19. Towards a Global Governance System to Protect Climate Migrants: Taking Stock
Frank Biermann and Ingrid Boas

20. Towards a Climate Change Displacement Facility
Ilona Millar and Kylie Wilson

21. Towards an extension of complementary protection?
Susan F. Martin

22. Afterword
James C. Hathaway

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