Distributive Justice

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
Distributive Justice ◽  
International Law ◽  
Climate Change Adaptation ◽  
Environmental Law ◽  
International Environmental Law ◽  
Unequal Distribution ◽  
Change Context ◽  
International Climate ◽  
People Movement

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.

Climate Change and People on the Move

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
Distributive Justice ◽  
International Law ◽  
Corrective Justice ◽  
Change Context ◽  
International Responsibility ◽  
People Movement ◽  
Disproportionate Burden ◽  
Impacts Of Climate Change

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.

Climate Law and It’s Skeptics

2021 ◽  
pp. 1-7
Author(s):  
Peter H. Sand
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Legal Analysis ◽  
International Environmental Law ◽  
Future Evolution ◽  
Legal Development ◽  
International Climate ◽  
International Law Commission

‘Climate change law’ is an emergent novel discipline. The question, then, is whether the advent (and future prospect) of climate change has resulted in a coherent autonomous new body of law, be it a nascent one or is it nothing more or less than the application of existing national and international environmental law to climatic problems? It is perhaps worth recalling that international environmental law itself only ascended to the rank of a recognized discipline of its own in the 1990s, over protracted resistance by prominent scholars insisting that ‘the cold-eyed application of legal analysis may be just as fruitful as the invention of a new vehicle such as “international environmental law”’. The episode touches on the core of international climate law and its future evolution. Expressly based on recognition of the intergenerational interest in conserving the quality of the Earth’s atmosphere, the International Law Commission (ILC) project may indeed encourage further legal development of a concept of planetary trusteeship, owed by States as public trustees to present and future citizens as the beneficiaries.

Introduction

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
Distributive Justice ◽  
International Law ◽  
Background Information ◽  
Change Context ◽  
People Movement

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.

People Movement in the Climate Change Context and International Law

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
International Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Change Context ◽  
People Movement

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.

Climate Law and Its Skeptics: Whither Protection of the Atmosphere?

2021 ◽  
Author(s):  
Peter H. Sand
Keyword(s):  
Climate Change ◽  
International Law ◽  
Future Prospect ◽  
Environmental Law ◽  
Common Interest ◽  
International Environmental Law ◽  
International Law Commission ◽  
Further Development ◽  
Law Commission

‘Climate change law’ is considered by a number of legal scholars as an emergent novel discipline. The question, then, is whether the advent (and future prospect) of climate change has resulted in a coherent autonomous new body of law, be it a nascent one; or is it nothing more or less than the application of existing national and international environmental law to climatic problems? It is perhaps worth recalling that international environmental law itself only ascended to the rank of a recognized discipline of its own in the 1990s, over considerable academic scepticism at the time. Not un-similarly, the ongoing new project of the UN International Law Commission (ILC) for the drafting of guidelines on “protection of the atmosphere” has met with resistance from a few powerful States claiming that there is no need for further codification of international law in this field. Yet, considering our common interest in conserving the quality of the Earth’s atmosphere and climate, the ILC project may indeed encourage further development of a concept of inter-generational “planetary trusteeship”, owed by States as public trustees to present and future citizens as the beneficiaries.

Climate-induced Displacement in Bangladesh: Recognition and Protection under International Law

2013 ◽  
Vol 82 (4) ◽  
pp. 487-527 ◽  
Author(s):  
Mostafa Mahmud Naser
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Law ◽  
Human Migration ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Refugee Law ◽  
International Legal System ◽  
And Migration ◽  
Legal Frameworks

Climate change and human migration are two cross-cutting issues that demand immediate and appropriate responses from both international and national authorities. This article deals with a number of complex issues under international environmental law, human rights law and migration and refugee law, which have important ramifications for the protection of climate-induced displacement in Bangladesh. It examines these legal frameworks to assess how appropriate they are in regulating climate-induced displacement and underscores current gaps or limitations within the international legal system for effective recognition and protection of climate change migrants. The development of ‘soft guidelines’ suggested in this study would establish an international framework for the specific recognition, treatment and protection of climate change displaced persons and fill the legal gaps with the specificity required by states and communities.

Distributive Justice

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
Distributive Justice ◽  
International Law ◽  
Burden Sharing ◽  
People Movement ◽  
Normative Foundations ◽  
Human Displacement

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.

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.

Unearthing Under-Governed Territory

2018 ◽  
Author(s):  
Peter J. Stoett
Keyword(s):  
Climate Change ◽  
Criminal Law ◽  
International Organizations ◽  
Environmental Law ◽  
Environmental Crime ◽  
International Environmental Law ◽  
Mitigating Factor ◽  
Environmental Crimes

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.

scholarly journals Role of the South in the Development of International Environmental Law

2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Colonial Era ◽  
International Protection ◽  
Post Colonial ◽  
Protection Of Human Rights ◽  
Independent States ◽  
Law Texts

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

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