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In contrast to the claim that refugee law has been a key in
guaranteeing a space of protection for refugees, this book argues
that law has been instrumental in eliminating spaces of protection,
not just from one's persecutors but also from the grasp of
sovereign power. By uncovering certain fundamental aspects of
asylum as practised in the past and in present day social
movements, namely its concern with defining space rather than
people and its role as a space of resistance or otherness to
sovereign law, this book demonstrates that asylum has historically
been antagonistic to law and vice versa. In contrast,
twentieth-century refugee law was constructed precisely to ensure
the effective management and control over the movements of forced
migrants. To illustrate the complex ways in which these two
paradigms - asylum and refugee law - interact with one another,
this book examines their historical development and concludes with
in-depth studies of the Sanctuary Movement in the United States and
the Sans-Papiers of France. The book will appeal to researchers and
students of refugee law and refugee studies; legal and political
philosophy; ancient, medieval and modern legal history; and
sociology of political movements.
One of the most significant impacts of climate change is migration.
Yet, to date, climate-induced migrants are falling within what has
been defined by some as a 'protection gap'. This book addresses
this issue, first by identifying precisely where the gap exists, by
reviewing the relevant legal tools that are available for those who
are currently, and who will in the future be displaced because of
climate change. The authors then address the relevant actors; the
identity of those deserving protection (displaced individuals), as
well as other bearers of rights (migration-hosting states) and
obligations (polluting states). The authors also address head-on
the contentious topic of definitions, concluding with the
provocative assertion that the term 'climate refugees' is indeed
correct and should be relied upon. The second part of the book
looks to the future by advocating specific legal and institutional
pathways. Notably, the authors support the use of international
environmental law as the most adequate and suitable regime for the
regulation of climate refugees. With respect to the role of
institutions, the authors propose a model of 'cross-governance',
through which a more inclusive and multi-faceted protection regime
could be achieved. Addressing the regulation of climate refugees
through a unique collaboration between a refugee lawyer and an
environmental lawyer, this book will be of great interest to
scholars and professionals in fields including international law,
environmental studies, refugee studies and international relations.
One of the most significant impacts of climate change is migration.
Yet, to date, climate-induced migrants are falling within what has
been defined by some as a 'protection gap'. This book addresses
this issue, first by identifying precisely where the gap exists, by
reviewing the relevant legal tools that are available for those who
are currently, and who will in the future be displaced because of
climate change. The authors then address the relevant actors; the
identity of those deserving protection (displaced individuals), as
well as other bearers of rights (migration-hosting states) and
obligations (polluting states). The authors also address head-on
the contentious topic of definitions, concluding with the
provocative assertion that the term 'climate refugees' is indeed
correct and should be relied upon. The second part of the book
looks to the future by advocating specific legal and institutional
pathways. Notably, the authors support the use of international
environmental law as the most adequate and suitable regime for the
regulation of climate refugees. With respect to the role of
institutions, the authors propose a model of 'cross-governance',
through which a more inclusive and multi-faceted protection regime
could be achieved. Addressing the regulation of climate refugees
through a unique collaboration between a refugee lawyer and an
environmental lawyer, this book will be of great interest to
scholars and professionals in fields including international law,
environmental studies, refugee studies and international relations.
In contrast to the claim that refugee law has been a key in
guaranteeing a space of protection for refugees, this book argues
that law has been instrumental in eliminating spaces of protection,
not just from one's persecutors but also from the grasp of
sovereign power. By uncovering certain fundamental aspects of
asylum as practised in the past and in present day social
movements, namely its concern with defining space rather than
people and its role as a space of resistance or otherness to
sovereign law, this book demonstrates that asylum has historically
been antagonistic to law and vice versa. In contrast,
twentieth-century refugee law was constructed precisely to ensure
the effective management and control over the movements of forced
migrants. To illustrate the complex ways in which these two
paradigms - asylum and refugee law - interact with one another,
this book examines their historical development and concludes with
in-depth studies of the Sanctuary Movement in the United States and
the Sans-Papiers of France. The book will appeal to researchers and
students of refugee law and refugee studies; legal and political
philosophy; ancient, medieval and modern legal history; and
sociology of political movements.
Current estimates of the numbers of people who will be forced from
their homes as a result of climate change by the middle of the
century range from 50 to 200 million. Therefore, even the most
optimistic projections envisage a crisis of migration that will
dwarf any we have seen so far. And yet attempts to develop legal
mechanisms to deal with this impending crisis have reached an
impasse that shows little sign of being overcome. This is in spite
of the rapidly growing academic study and policy development in the
area of climate change generally. 'Climate Refugees': Beyond the
Legal Impasse? addresses a fundamental gap in academic literature
and policy making - namely the legal 'no-man's land' in which the
issue of climate refugees currently resides. Past proposals for the
regulation of climate-induced migration are evaluated, inter alia
by their original authors, and the volume also looks at current
attempts to regulate climate-induced migration, including by
officials from the International Organization for Migration (IOM),
the office of the United Nations High Commissioner for Refugees
(UNHCR) and the Platform on Displacement Disaster (PDD). Bringing
together experts from a variety of academic fields, as well as
officials from leading international organisations, this book will
be of great interest to students and researchers of Environmental
Law, Refugee Law, Human Rights Law, Environmental Studies and
International Relations.
Current estimates of the numbers of people who will be forced from
their homes as a result of climate change by the middle of the
century range from 50 to 200 million. Therefore, even the most
optimistic projections envisage a crisis of migration that will
dwarf any we have seen so far. And yet attempts to develop legal
mechanisms to deal with this impending crisis have reached an
impasse that shows little sign of being overcome. This is in spite
of the rapidly growing academic study and policy development in the
area of climate change generally. 'Climate Refugees': Beyond the
Legal Impasse? addresses a fundamental gap in academic literature
and policy making - namely the legal 'no-man's land' in which the
issue of climate refugees currently resides. Past proposals for the
regulation of climate-induced migration are evaluated, inter alia
by their original authors, and the volume also looks at current
attempts to regulate climate-induced migration, including by
officials from the International Organization for Migration (IOM),
the office of the United Nations High Commissioner for Refugees
(UNHCR) and the Platform on Displacement Disaster (PDD). Bringing
together experts from a variety of academic fields, as well as
officials from leading international organisations, this book will
be of great interest to students and researchers of Environmental
Law, Refugee Law, Human Rights Law, Environmental Studies and
International Relations.
The last few years have witnessed a flurry of activity in global
governance and international lawseeking to address the protection
gaps for people fleeing the effects of climate change. This book
discusses cutting-edge developments in law and policy on climate
change and forced displacement, including theories and potential
solutions, issues of governance, local and regional concerns, and
future challenges. Chapters are written by a range of authors from
academics to key figures in intergovernmental organisations, and
offer detailed case studies of policy developments in the Americas,
Europe, South-East Asia, and the Pacific. This is an ideal resource
for graduate students and researchers from a range of disciplines,
as well as policymakers working in environmental law, environmental
governance, and refugee and migration law. This is one of a series
of publications associated with the Earth System Governance
Project. For more publications, see
www.cambridge.org/earth-system-governance.
The last few years have witnessed a flurry of activity in global
governance and international lawseeking to address the protection
gaps for people fleeing the effects of climate change. This book
discusses cutting-edge developments in law and policy on climate
change and forced displacement, including theories and potential
solutions, issues of governance, local and regional concerns, and
future challenges. Chapters are written by a range of authors from
academics to key figures in intergovernmental organisations, and
offer detailed case studies of policy developments in the Americas,
Europe, South-East Asia, and the Pacific. This is an ideal resource
for graduate students and researchers from a range of disciplines,
as well as policymakers working in environmental law, environmental
governance, and refugee and migration law. This is one of a series
of publications associated with the Earth System Governance
Project. For more publications, see
www.cambridge.org/earth-system-governance.
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