Climate Change and People on the Move

Author(s):  
Fanny Thornton

The book applies a justice framework to analysis of the actual and potential role of international law with respect to people on the move in the context of anthropogenic climate change. That people are affected by the impacts of climate change is no longer doubted, including with implications for the movement of people (migration, displacement, relocation, etc.). The book tackles unique questions concerning international responsibility for people movement arising from the inequities inherent to climate change. Corrective and distributive justice provide the analytical backbone. They are explored in a substantial theoretical chapter and then applied to subsequent contextual analysis. Corrective justice supports analysis as to whether people movement in the climate change context could be conceived or framed as harm, loss, or damage which is compensable under international law, either through fault-centred regimes or no-fault regimes (i.e., insurance). Distributive justice supports analysis as to whether such movement could be conceived or framed as a disproportionate burden, either for those faced with movement or those faced with sheltering people on the move, from which duties of redistribution may stem. The book contributes to the growing scholarship and analysis concerning international law or governance and people movement in response to climate change by investigating the bounds of the law where the phenomenon is viewed as one of (in)justice.

Author(s):  
Fanny Thornton

The chapter moves the analysis to the realm of distributive justice. It explores whether inherent to the climate change and people movement nexus are issues of unequal distribution, for example, of benefits and burdens. The chapter outlines distributional issues and then suggests whether, from a distributive justice standpoint, equity could be achieved through redistribution of costs which may accrue for those under pressure to move. The chapter sketches the extent to which international law is underpinned by distributive justice notions. It then, more explicitly, turns to international environmental law, and in particular the international climate change adaptation and finance architectures, to analyse whether, in combination, they support remedying distributional issues in relation to people movement in the climate change context.


Author(s):  
Fanny Thornton

The chapter introduces the key themes explored in the book. It presents vital background information pertaining to people movement in the climate change context as an issue and initial thoughts about its treatment in international law. It outlines why a justice approach has been selected as the analytical backbone of the book, and which justice framework it applies, introducing in the process the corrective/distributive justice dichotomy upon which the book rests. The chapter also provides a brief outline of each chapter of the book.


Author(s):  
Jane McAdam

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.


Author(s):  
Fanny Thornton

A contextual chapter which presents the prevailing analysis of climate change and people movement from an international law standpoint. International law scholarship has played a part in framing, and drawing attention to, the topic of climate change and people movement. In particular, it has made some strides in exploring and uncovering the relevance (or lack thereof) of many of public international law’s sub-branches (refugee law, human rights law, humanitarian law, etc.) to addressing such movement. The chapter synthesizes the field’s findings and highlights why further infusing it with justice dimensions is both vital and credible.


Author(s):  
Fanny Thornton

The chapter builds on its predecessor in acknowledging that causality issues in the climate change and people movement context are complex. The chapter works with the premise that those who are nevertheless adversely affected and those that may wish to seek a remedy should be able to seek redress. The chapter therefore relies on the logic which has informed the establishment of no-fault compensatory mechanisms—especially those akin to insurance—in exploring alternative, ‘rougher’ mechanisms of correction through compensation. Detailed attention is paid to existing support for such mechanisms under international law and governance regimes.


2020 ◽  
Vol 22 (3-4) ◽  
pp. 377-388
Author(s):  
Christina Voigt

Abstract Illegal, unregulated and unreported (IUU) fishing poses a significant threat to marine fisheries and biodiversity only outpaced by the projected impacts of climate change and greenhouse gas emissions. Ocean warming might affect fish stocks, their health and migratory routes. Ocean acidification and de-oxygenation are another two phenomena that might affect certain marine species as well as entire marine ecosystems. Rebuilding of overexploited and depleted fisheries and managing fisheries sustainably will require comprehensive governance structures for port, flag, coastal and market states, which also address the causes and impacts of climate change. Addressing those concerns could open for opportunities for comprehensive and synergetic regulation. This article addresses potential synergies between oceans and climate governance; focusing on the role of oceans in addressing climate change and its adverse impacts. Suggestions to this end include (i) increasing ocean-based renewable energy, (ii) decarbonizing ocean-based transport, and (iii) pursuing integrated management of fisheries and aquaculture.


Author(s):  
Fanny Thornton

The chapter stays with distributive justice, turning to the concept of burden-sharing, which arises in international law and relations, not least in relation to hosting or sheltering people on the move. The chapter explores the concept’s normative foundations, also in relation to justice, and shows how these are complex, therefore making this a difficult concept to apply. The chapter nevertheless explores interstate motivations for sharing, the extent to which burden-sharing (and the related concepts of solidarity and cooperation) is entrenched in international law, how burden-sharing has played out, particularly in the human displacement context, as well as how burden-sharing has been proposed in the climate change and people movement context.


Author(s):  
Fanny Thornton

One of two chapters to examine corrective justice. The chapter explores whether, from a ‘pure’ corrective justice perspective it is possible to construct climate change–related people movement in terms of a corrective justice infringement and, if so, whether international law could provide remedies. The chapter shows that a ‘pure’ corrective justice claim may be very difficult to assemble: Are there bearers of harm, loss, or damage? Is there a perpetrator (or even several) causally linked to harm, loss, or damage experienced by others? Is the harm, loss, or damage experienced in people movement scenarios remediable? The chapter shows that answering these questions in the affirmative presents significant challenges. Furthermore, opportunities under international law to respond to people movement scenarios from the perspective of ‘pure’ corrective justice are severely curtailed.


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