Research Handbook on Climate Change, Migration and the Law

Author: 
Benoît Mayer, François Crépeau (eds.)
Publisher: 
Edward Elgar
Type of Publication: 
Status: 
Purchase
Language of Publication: 
English
Year of Publication: 
2017

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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

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.

 

Contents: 

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

Index