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Edited by Jane Falkingham, Maria Evandrou and Athina Vlachantoni
Edited by K. Bruce Newbold and Kathi Wilson
Edited by Satvinder Singh Juss
This chapter investigates the potential relevance of international human rights law to climate change and migration. As Siobhán McInerney-Lankford provocatively suggests, existing international law provides multiple entry-points to respond to the plight of individuals displaced either internally or through international borders as a result of climate change. The principle of equality and non-discrimination is of particular relevance because, in many cases, the populations most affected by climate change – those who have no choice but to migrate – are already populations subject to multiple forms of discrimination. Through the lens of this principle, Siobhán McInerney-Lankford explores the significance of the obligation of States to respect, protect and fulfil the human rights of climate migrants, showing that, despite important challenges (e.g. the contested extraterritorial application of human rights), international human rights law does provide at least general principles to inform responses to climate migration and, perhaps, guide further legal developments.
Under the international law of State responsibility, a State must pay reparation for the injury caused to other States by its internationally wrongful acts. This chapter questions whether this rule could provide grounds for normative arguments relating to the treatment of migrants in the context of climate change. It argues that it could not. Certainly, States bear some responsibilities, not just when and inasmuch as they fail to comply with their obligations under specific treaties such as the Kyoto Protocol, but also when they infringe norms of general international law such as the no-harm principle. States responsible for a breach of a primary international obligation bear a secondary obligation to make reparation, in particular by compensating the injured State(s). This, however, does not justify the imposition of specific obligations on the developing States affected by climate change to adopt particular policies on ‘climate migration’ beyond international human rights law. Measures allowing for the resettlement of foreign citizens as a form of reparation, on the other hand, appear unlikely to provide an effective protection to the human rights of the individuals concerned.
Calum T.M. Nicholson
Increasingly, social science looks to be conducted through thematically-oriented fields such as ‘migration studies’ and ‘development studies’. This should not come as a surprise, given that specialisation and ‘expertise’ are now well established as shibboleths of our contemporary political life in democratic contexts – itself more technocratic and less ideological than it was in the twentieth century. As universities find themselves needing to demonstrate ‘outcomes’ and ‘impact’, it is perhaps inevitable that the content of research begins to reflect this technocratic turn so characteristic of the context in which the research is conducted. One result of all this is the proliferation of new explanatory concepts, which are held to be a prerequisite to both understanding and changing the world we live in, and as such are assumed to have an inherent utility. One such example is ‘climate-induced migration’, a term that gained significant currency in the past decade, linking as it did two grand themes of contemporary concern. Despite the currency of the term (and others that imply the same causal understanding), it is one that, on close examination, remains conceptually incoherent. This chapter does three things. First, it outlines the surface pattern and underlying structure of that incoherence. Second, it argues that, far from suffering problems peculiar to this field, the pattern and structure of the incoherence is one replicated across other categories endemic in and characteristic of our technocratic era. Third, it suggests an alternative approach to research, thus transcending the problem of this incoherence. This approach holds that the resolution of our predicament lies not in thinking different things (i.e. in new thematic categories), but in thinking differently. Explaining what this means will be the broader purpose of the chapter.
This chapter reviews how relatively common climate-related phenomena such as floods, droughts, and extreme weather events influence migration and mobility patterns in vulnerable populations. Scientists expect that anthropogenic climate change will exacerbate existing environmental risks in many parts of the world and thereby increasing the frequency and scale of future environmental migration. Three recent examples of environmental migration – drought migration in the Sahel, flood-related migration in Bangladesh, and hurricane-related migration in Central America – are used to illustrate the complexity of interactions between climate and migration and the diversity of possible outcomes. Climate does not affect migration patterns in simple push-pull fashion; rather, migration outcomes are mediated by intervening economic, social, and political forces that affect the ability of exposed populations to adapt to climate-related threats to homes and livelihoods. With growing numbers of people living in areas highly exposed to the physical risks of climate change, there is growing urgency for policymakers, the legal community, and civil society to begin creating plans and establishing priorities for action.
Sébastien Jodoin, Kathryn Hansen and Caylee Hong
This chapter analyses responses to climate change and their impacts on the human rights of displaced populations. As such, this chapter will chiefly examine issues of internal displacement and forced evictions, to be distinguished from the larger concern of climate-induced migration and debates about a possible concept of climate ‘refugees’. Section 2 reviews the risks of displacement associated with three diverse types of responses to climate change: first, displacement due to the Site C Clean Energy Project, a dam and hydroelectric generating station in northern British Columbia (BC), Canada; second, forced evictions in the Cherangani Hills, Kenya resulting from the implementation of REDD+ initiatives; and third, planned relocation programmes in the Republic of Maldives (Maldives) developed to adapt to extreme weather events like tsunamis. Section 3 discusses the legal parameters of forced evictions in international human rights law. Section 4 concludes by setting out how a rights-based approach may assist in creating responses to climate change that are rooted in international human rights norms.