Part III Public International Law Disputes, Climate Disputes, and Sustainable Development in the Energy Sector, 16 International Boundary Disputes and Natural Resources

2018 ◽  
Author(s):  
Miles Wendy
Keyword(s):  
Climate Change ◽  
Natural Resources ◽  
International Law ◽  
Historical Context ◽  
Weather Conditions ◽  
Renewable Energy Resources ◽  
International Borders ◽  
Boundary Disputes ◽  
International Boundary ◽  
And Control

This chapter deals with international boundary disputes and natural resources. After providing an historical context to modern boundaries, the chapter describes how climate change directly impacts land, food, and water access because of increased extreme weather conditions. Thus, climate change can threaten peace and security in fragile regions due to conflicts over diminishing inhabitable territory and natural resources. The chapter assesses how international boundary disputes can be affected by changing demands for oil (eg in Kurdistan and South Sudan), and for renewable energy resources (eg the ownership, use, and control of rivers crossing multiple borders). It also reflects on a more global scope the effects that climate change-related migration has on the modern understanding of international borders.

Climate Change-related Displacement of Persons

2016 ◽  
Author(s):  
Jane McAdam
Keyword(s):  
Climate Change ◽  
International Law ◽  
Internal Displacement ◽  
Address Climate Change ◽  
Political Incentives ◽  
International Borders ◽  
Refugee Law ◽  
International Refugee Law ◽  
Impacts Of Climate Change

This chapter examines the scope of existing international law to address ‘climate change-related displacement’, a term used to describe movement where the impacts of climate change affect mobility decisions in some way. It looks into the role of international refugee law, human rights law, and the law on statelessness in protecting people displaced by the impacts of climate change. The extent to which international law and international institutions respond to climate change-related movement and displacement depends upon: whether such movement is perceived as voluntary or forced; the nature of the trigger; whether international borders are crossed; the extent to which there are political incentives to characterize movement as linked to climate change or not; and whether movement is driven or aggravated by human factors, such as discrimination. The chapter also considers the extent to which existing principles on internal displacement provide normative and practical guidance.

scholarly journals BUILDING INTERNATIONAL APPROACHES TO CLIMATE CHANGE, DISASTERS, AND DISPLACEMENT

2017 ◽  
Vol 33 (2) ◽  
pp. 1
Author(s):  
Jane McAdam
Keyword(s):  
Climate Change ◽  
International Law ◽  
Disaster Risk ◽  
International Borders ◽  
De Se ◽  
Droit International ◽  
Complementary Set ◽  
And Migration ◽  
Legal Frameworks ◽  
Changements Climatiques

On average, one person is displaced each second by a disaster-related hazard.  Most people move within their own countries, but some are forced across international borders. This article outlines the scope of existing international legal frameworks to assist people displaced in the context of disasters and climate change, and suggests a variety of different tools that are required to address the phenomenon. Legal, policy, technical and scientific interventions, including disaster risk reduction, climate change adaptation and mitigation, development, and migration opportunities, will determine whether, and for how long, people can remain in their homes, and whether doing so enables them to lead dignified lives or exposes them to risks and increased vulnerability. Identifying the need for a broad, complementary set of policy strategies necessarily affects how international law should be progressively developed in this area. En moyenne, une personne est déplacée à chaque seconde en raison d’un danger lié à une catastrophe. La plupart d’entre elles sont déplacées à l’intérieur de leur pays mais certaines sont obligées de se rendre à l’étranger. Dans cet article, l’auteure décrit dans les grandes lignes la portée des cadres juridiques internationaux existants qui aident les personnes déplacées en raison de catastrophes, climatiques notamment, et propose différents outils qui sont nécessaires pour répondre à ce phénomène. Les interventions juridiques, politiques, techniques et scientifiques, notamment la réduction des risques de catastrophe, les mesures d’adaptation aux changements climatiques et d’atténuation, le développement et les possibilités migratoires, déterminent si les gens peuvent rester chez eux et pendant combien de temps et si le fait de rester chez eux leur permet de vivre dans la dignité ou les expose à des dangers et accroît leur vulnérabilité. L’établissement de la nécessité de stratégies d’action vastes et complémentaires a forcément un effet sur le sens dans lequel on devrait faire évoluer progressivement le droit international dans ce domaine.

Reflections on the role of due diligence in clarifying State discretionary powers in developing Arctic natural resources

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Nigel Bankes
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Due Diligence ◽  
Preliminary Assessment ◽  
International Court Of Justice ◽  
International Court ◽  
Private Actors ◽  
And Control ◽  
Discretionary Powers

Abstract This article argues that the concept of diligence provides a useful role in clarifying (and perhaps narrowing) the discretionary powers of the State with respect to the development of natural resources. The claim has two branches. First, the concept of due diligence plays an important role in bridging the normative gap between the harms caused by private actors and the international law of State responsibility. It is the vehicle by which States can be made to assume responsibility for private developments within their jurisdiction and control that cause harm to other States. Second, the concept of due diligence plays an important role (a “generative role”) in teasing out the detailed logical implications of more abstract primary norms such as the duty of prevention. These derivative duties include the duties to make a preliminary assessment of whether the proposed activity may cause a risk of significant transboundary harm: to conduct an environmental impact assessment (EIA) if there is a risk of significant harm and, if the EIA confirms that risk, to notify and consult with respect to possible measures to prevent or mitigate that risk. The article demonstrates both of these claims through an examination of the jurisprudence of the International Court of Justice, the International Tribunal for the Law of the Sea and arbitral awards. Finally, the article applies these claims in the context of possible resource developments in Alaska, British Columbia and Yukon that may have transboundary implications.

scholarly journals Analysis of correlation between the detection rate of Mycoplasma hyopneumoniae in slaughter pigs and season, climate change, and presence of lung lesions

2019 ◽  
Vol 75 (03) ◽  
pp. 6196-2019
Author(s):  
RUNCHENG LI ◽  
YULI HU ◽  
MENG GE ◽  
DUN ZHAO ◽  
TAOTAO YANG ◽  
...  
Keyword(s):  
Climate Change ◽  
Detection Rate ◽  
Weather Conditions ◽  
Mycoplasma Hyopneumoniae ◽  
Lavage Fluid ◽  
Hunan Province ◽  
Pcr Analysis ◽  
Slaughter Pigs ◽  
Different Seasons ◽  
And Control

The purpose of this study was to analyze the correlation of the rate of Mycoplasma hyopneumoniae (M. hyo) in slaughter pigs with season, climate change and enzootic pneumonia (EP) lesions. We collected 530 slaughter pig lungs with suspected lesions from two slaughterhouses in different seasons and weather conditions from November 2014 to March 2017 in Changsha Hunan Province, China. The EP lesions of these lungs were quantified, and a PCR analysis was used to detect M. hyo in samples of bronchoalveolar lavage fluid (BALF). Twenty percent, 10%, and 9% of the lung specimens were scored 1-5, 6-10, and ≥ 11, respectively. Additionally, we found that 36% of all BALF samples tested positive for M. hyo. Among the lung specimens collected in winter, 41% scored 1 or more, and 53% tested positive for M. hyo. With respect to seasons, the lung specimens collected in summer showed the least number of EP lesions and the lowest positive testing rate for M. hyo. Of these specimens, 27% scored 1 or more, and 22% tested positive for M. hyo. Additionally, low temperature and fast temperature change (during 10 days before sampling) were associated with a higher rate of M. hyo detection in BALF. There was a positive correlation between the lung EP lesion score and the detection rate of M. hyo in the BALF of slaughter pigs. In conclusion, lung EP lesion scoring in slaughter pigs is of referential value to the evaluation of the dynamics of M. hyo infection in a swine population. It is essential to control the spread of M. hyo by careful management of swine populations, and the prevention and control of M. hyo in fattening pigs is of great significance to the eradication of the disease.

Buster Keaton’s Climate Change

2018 ◽  
Author(s):  
Jennifer Fay
Keyword(s):  
Climate Change ◽  
World War I ◽  
Storm Surges ◽  
Weather Conditions ◽  
Detailed Knowledge ◽  
World War ◽  
Precise Control ◽  
Naturally Occurring ◽  
Peter Sloterdijk ◽  
Slapstick Comedy

Much of Buster Keaton’s slapstick comedy revolves around his elaborate outdoor sets and the crafty weather design that destroys them. In contrast to D. W. Griffith, who insisted on filming in naturally occurring weather, and the Hollywood norm of fabricating weather in the controlled space of the studio, Keaton opted to simulate weather on location. His elaborately choreographed gags with their storm surges and collapsing buildings required precise control of manufactured rain and wind, along with detailed knowledge of the weather conditions and climatological norms on site. Steamboat Bill, Jr. (1928) is one of many examples of Keaton’s weather design in which characters find themselves victims of elements that are clearly produced by the off-screen director. Keaton’s weather design finds parallels in World War I strategies of creating microclimates of death (using poison gas) as theorized by Peter Sloterdijk.

Work and Technological Change

2020 ◽  
Author(s):  
Stephen R. Barley
Keyword(s):  
Artificial Intelligence ◽  
Historical Context ◽  
Energy Transformation ◽  
History Of ◽  
Work And Organizations ◽  
Role Based ◽  
Control Technologies ◽  
And Control ◽  
Work And Employment

The four chapters of this book summarize the results of thirty-five years dedicated to studying how technologies change work and organizations. The first chapter places current developments in artificial intelligence into the historical context of previous technological revolutions by drawing on William Faunce’s argument that the history of technology is one of progressive automation of the four components of any production system: energy, transformation, and transfer and control technologies. The second chapter lays out a role-based theory of how technologies occasion changes in organizations. The third chapter tackles the issue of how to conceptualize a more thorough approach to assessing how intelligent technologies, such as artificial intelligence, can shape work and employment. The fourth chapter discusses what has been learned over the years about the fears that arise when one sets out to study technical work and technical workers and methods for controlling those fears.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

Sovereignty, Self-Determination, and Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Natural Resources ◽  
International Law ◽  
Indigenous Peoples ◽  
Potential Role ◽  
Food Sovereignty ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Ambivalent Relationship ◽  
The Right

The issue of sovereignty over natural resources has been a key element in the development of international law, notably leading to the emergence of the principle of States’ permanent sovereignty over their natural resources. However, concomitant to this focus on States’ sovereignty, international human rights law proclaims the right of peoples to self-determination over their natural resources. This has led to a complex and ambivalent relationship between the principle of States’ sovereignty over natural resources and peoples’ rights to natural resources. This chapter analyses this conflicting relationship and examines the emergence of the right of peoples to freely dispose of their natural resources and evaluates its potential role in contemporary advocacy. It notably explores how indigenous peoples have called for the revival of their right to sovereignty over natural resources, and how the global peasants’ movement has pushed for the recognition of the concept of food sovereignty.

Territorial Sovereignty

2019 ◽  
Author(s):  
Anna Stilz
Keyword(s):  
Natural Resources ◽  
International Law ◽  
International System ◽  
Core Values ◽  
The State ◽  
Self Determination ◽  
Territorial Sovereignty ◽  
Collective Self ◽  
Political Units ◽  
Territorial States

This book offers a qualified defense of a territorial states system. It argues that three core values—occupancy, basic justice, and collective self-determination—are served by an international system made up of self-governing, spatially defined political units. The defense is qualified because the book does not actually justify all of the sovereignty rights states currently claim and that are recognized in international law. Instead, the book proposes important changes to states’ sovereign prerogatives, particularly with respect to internal autonomy for political minorities, immigration, and natural resources. Part I of the book argues for a right of occupancy, holding that a legitimate function of the international system is to specify and protect people’s preinstitutional claims to specific geographical places. Part II turns to the question of how a state might acquire legitimate jurisdiction over a population of occupants. It argues that the state will have a right to rule a population and its territory if it satisfies conditions of basic justice and facilitates its people’s collective self-determination. Finally, Parts III and IV of this book argue that the exclusionary sovereignty rights to control over borders and natural resources that can plausibly be justified on the basis of the three core values are more limited than has traditionally been thought.

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