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We are we : Indigenizing the truth and reconciliation process : climate crisis resolution through Indigenous law
\"This is a book of hope. As we sit on the brink of extinction due to our creation of the climate crisis, We Are We serves as an instruction manual on how all of us can reconcile with our Mother Earth and save the future for our children. Wanmbli Chante Winan provides insights into Indigenous cultures, their Essential Laws, and Traditional Ways of Knowing woven through the spiritual framework of the Medicine Wheel. This book can be used as a platform from which to create Truth and Reconciliation with the First Peoples of this continent now called 'Canada.' We Are We: Indigenizing the Truth and Reconciliation Process - Climate crisis resolution through Indigenous Law is a must read for everyone who wants a starting place in learning practical solutions to complex environmental problems and social justice issues. We Are We is a gift, promise, and hope for future generations\"-- Provided by publisher.
Book
Threatened Island Nations
Rising seas are endangering the habitability and very existence of several small island nations, mostly in the Pacific and Indian oceans. This is the first book to focus on the myriad legal issues posed by this tragic situation: if a nation is under water, is it still a state? Does it still have a seat at the United Nations? What becomes of its exclusive economic zone, the basis for its fishing rights? What obligations do other nations have to take in the displaced populations, and what are these peoples' rights and legal status once they arrive? Should there be a new international agreement on climate-displaced populations? Do these nations and their citizens have any legal recourse for compensation? Are there any courts that will hear their claims, and based on what theories? Leading legal scholars from around the world address these novel questions and propose answers.
eBook
Facilitating the Resettlement and Rights of Climate Refugees
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.
eBook
International oceans, environment, health, and aviation law: President Biden signs national security memorandum on combating illegal, unreported, and unregulated fishing and associated labor abuses
On June 27, 2022, President Joseph R. Biden, Jr. signed a National Security Memorandum on Combating Illegal, Unreported, and Unregulated Fishing and Associated Labor Abuses. The announcement coincided with the opening of the UN Ocean Conference in Lisbon, which focused on ocean sustainability. It also came ten days after the adoption by the World Trade Organization (WTO) Ministerial Conference of the Agreement on Fisheries Subsidies, which banned government subsidies to \"a vessel or operator engaged in illegal, unreported and unregulated (IUU) fishing.\" IUU fishing and related practices, the National Security Memorandum notes, \"are among the greatest threats to ocean health and are significant causes of global overfishing, contributing to the collapse or decline of fisheries that are critical to the economic growth, food systems, and ecosystems of numerous countries around the world.\" Such fishing \"often involves forced labor, a form of human trafficking, and other crimes and human rights abuses.\" For these reasons, the Memorandum explains, “IUU fishing and associated labor abuses undermine U.S. economic
competitiveness, national security, fishery sustainability, and the livelihoods and human rights of fishers around the world and will exacerbate the environmental and socioeconomic effects of climate change.” To better meet the threat, the Memorandum, the first of its kind on the subject, systematically and in some detail “direct[s] agencies to increase coordination among themselves and with diverse stakeholders—public and private, foreign and domestic —to address” IUU fishing and associated labor abuses. The Memorandum’s goals are threefold: “to work toward ending forced labor and other crimes or abuses in IUU fishing; promote sustainable use of the oceans in partnership with other nations and the private sector; and
advance foreign and trade policies that benefit U.S. seafood workers
Journal Article
Handling climate displacement
How do we begin to handle the greatest crisis affecting humanity today? Climate change is already causing droughts, flooding, and famine that are forcing people to leave their livelihoods and communities. In the years to come, millions will find their local areas uninhabitable, as mass displacement of people reaches disastrous levels. Handling Climate Displacement explains how climate change has become recognized as a human rights concern, and how human rights are key to managing the crisis. Local authorities and populations increasingly call for guidance in the absence of an internationally recognized framework. Drafted in 2013 by a committee of experts and practitioners, Hassine uses the Peninsula Principles on Climate Displacement within States to offer concrete solutions to the impending emergency. Enriched by the author's experience working with the victims of climate displacement, this book offers an effective framework to deal with the challenges presented by mass displacement while protecting human rights.
Book
Sea level rise and climate statelessness: From 'too little, too late' to context-based relevance
Several low-lying island states currently risk the loss of their entire territory before the end of the century. Combined with the inadequacy of the existing framework of international refugee law to address the challenges faced by those displaced, this situation has made the law on statelessness an interesting candidate for securing an alternative path to obtaining a legal status in a post-relocation context. However, while several authors have examined this possibility, the majority conclude that it fails in its putative task by providing too little, and by coming into play too late to be of any significant relevance to the situation of environmentally displaced persons in low-lying island states. This article challenges this narrative by re-examining the relevance of the law on statelessness along with the context within which it might have to play a role.
Journal Article
The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective
In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.
eBook
Sea level rise and climate statelessness: From 'too little, too late' to context-based relevance
Several low-lying island states currently risk the loss of their entire territory before the end of the century. Combined with the inadequacy of the existing framework of international refugee law to address the challenges faced by those displaced, this situation has made the law on statelessness an interesting candidate for securing an alternative path to obtaining a legal status in a post-relocation context. However, while several authors have examined this possibility, the majority conclude that it fails in its putative task by providing too little, and by coming into play too late to be of any significant relevance to the situation of environmentally displaced persons in low-lying island states. This article challenges this narrative by re-examining the relevance of the law on statelessness along with the context within which it might have to play a role.
Journal Article