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Climate Change, Forced Migration, and International Law

23 Feb 2012-
TL;DR: The role of complementary protection in climate change-related movement and international human rights law is discussed in this article, where the authors define climate change related movement and International Human Rights Law: the Role of Complementary Protection.
Abstract: Introduction 1. Conceptualizing Climate Change-Related Movement 2. The Relevance of International Refugee Law 3. Climate Change-Related Movement and International Human Rights Law: The Role of Complementary Protection 4. State Practice on Protection from Disasters and Related Harms 5. 'Disappearing States', Statelessness, and Relocation 6. Moving with Dignity: Responding to Climate Change-Related Mobility in Bangladesh 7. 'Protection' or 'Migration'? The 'Climate Refugee' Treaty Debate 8. Institutional Governance 9. Overarching Normative Principles Conclusion
Citations
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Journal ArticleDOI
TL;DR: An exploratory framework is proposed to take into account the role of context in shaping environmental migration across borders, including the dynamic and complex interactions between environmental and non-environmental factors at a range of scales.
Abstract: This paper presents the findings of a systematic review of scholarly publications that report empirical findings from studies of environmentally-related international migration. There exists a small, but growing accumulation of empirical studies that consider environmentally-linked migration that spans international borders. These studies provide useful evidence for scholars and policymakers in understanding how environmental factors interact with political, economic and social factors to influence migration behavior and outcomes that are specific to international movements of people, in highlighting promising future research directions, and in raising important considerations for international policymaking. Our review identifies countries of migrant origin and destination that have so far been the subject of empirical research, the environmental factors believed to have influenced these migrations, the interactions of environmental and non-environmental factors as well as the role of context in influencing migration behavior, and the types of methods used by researchers. In reporting our findings, we identify the strengths and challenges associated with the main empirical approaches, highlight significant gaps and future opportunities for empirical work, and contribute to advancing understanding of environmental influences on international migration more generally. Specifically, we propose an exploratory framework to take into account the role of context in shaping environmental migration across borders, including the dynamic and complex interactions between environmental and non-environmental factors at a range of scales.

114 citations

Journal ArticleDOI
TL;DR: In this paper, the authors explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change.
Abstract: Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them refuge in a safe state for an indefinite period of time, and argued that this does not include most people fleeing from natural disasters. This claim is most strongly challenged by the possibility of displacement from climate change. In this paper, I will explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change.

88 citations


Cites background from "Climate Change, Forced Migration, a..."

  • ...This history of backlash against refugees in general, and the particular backlash against territorial claims in the case of Nauru, (McAdam 2012, pp. 147–153) strongly point in this direction, giving further reason to think that the territorial, ‘corporate’ approach is unworkable.37 What is plausibly owed to those displaced by climate change is a right, held by individuals, to be able to be full members in a polity that respects them and allows them sufficient autonomy....

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  • ...This history of backlash against refugees in general, and the particular backlash against territorial claims in the case of Nauru, (McAdam 2012, pp. 147–153) strongly point in this direction, giving further reason to think that the territorial, ‘corporate’ approach is unworkable.37 What is…...

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  • ...As is, at least sometimes, advocated by McAdam (2012), among others....

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  • ...This literature is very ably discussed in McAdam (2012)....

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  • ...Even in the case of countries facing quite serious environmental problems plausibly tied to climate change, such as Bangladesh, the vast majority of the projected movement will be internal to the country (McAdam 2012, pp. 166–172)....

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Journal ArticleDOI
TL;DR: This article explored the adaptation framing of the climate change and migration nexus and highlighted its shortcomings and advantages and argued for a precise differentiation in the academic debate, distinguishing between reactive and proactive migration.
Abstract: The discourse on climate change and migration has shifted from labelling migration merely as a consequence of climate impacts, to describing it as a form of human adaptation. This article explores the adaptation framing of the climate change and migration nexus and highlights its shortcomings and advantages. While for some groups, under certain circumstances migration can be an effective form of adaptation, for others it leads to increased vulnerabilities and a poverty spiral, reducing their adaptive capacities. Non-economic losses connected to a change of place further challenge the notion of successful adaptation. Even when migration improves the situation of a household, it may conceal the lack of action on climate change adaptation from national governments or the international community. Given the growing body of evidence on the diverse circumstances and outcomes of migration in the context of climate change, we distinguish between reactive and proactive migration and argue for a precise differentiation in the academic debate.

87 citations

Book
14 Mar 2016
TL;DR: The authors analyzes the dramatic shift away from the settler society paradigm in light of the crisis of asylum, the fear of Islamic fundamentalism, and the demise of multiculturalism and proposes a radically original take on the new global politics of immigration that can explain policy paralysis in the face of rising death tolls, failing human rights arguments, and persistent state desires to treat migration as an economic calculus.
Abstract: Over the past decade, a global convergence in migration policies has emerged, and with it a new, mean-spirited politics of immigration. It is now evident that the idea of a settler society, previously an important landmark in understanding migration, is a thing of the past. What are the consequences of this shift for how we imagine immigration? And for how we regulate it? This book analyzes the dramatic shift away from the settler society paradigm in light of the crisis of asylum, the fear of Islamic fundamentalism, and the demise of multiculturalism. What emerges is a radically original take on the new global politics of immigration that can explain policy paralysis in the face of rising death tolls, failing human rights arguments, and persistent state desires to treat migration as an economic calculus.

65 citations