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.

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.

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.

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.

Corrective Justice

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
International Law ◽  
Corrective Justice ◽  
Compensatory Mechanisms ◽  
People Movement

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.

Corrective Justice

2018 ◽  
Author(s):  
Fanny Thornton
Keyword(s):  
Climate Change ◽  
International Law ◽  
Corrective Justice ◽  
People Movement

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.

Distributive Justice in the Age of Climate Change

2020 ◽  
Vol 33 (2) ◽  
pp. 263-292
Author(s):  
Elkanah O. Babatunde
Keyword(s):  
Climate Change ◽  
Distributive Justice ◽  
International Law ◽  
Legal System ◽  
International Legal System

Legal and political thinkers have always battled with the question of justice and, especially within a society, about the fair and just distribution of rights and responsibilities. This question is, however, not only relevant for the organization of municipal or domestic society; it has become increasingly relevant within the international legal system. An area where this has been most rife in the last three decades is the international law on climate change.

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

2021 ◽  
Vol 35 (2) ◽  
pp. 303-312
Author(s):  
Andrea C. Simonelli
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal System ◽  
Legal Analysis ◽  
Refugee Convention ◽  
Legal Remedy ◽  
The Future ◽  
Law And Justice ◽  
International Instruments

AbstractThe future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

The Impact of Climate Change on States

2021 ◽  
Vol 23 (2-3) ◽  
pp. 115-132
Author(s):  
Łukasz Kułaga
Keyword(s):  
Climate Change ◽  
International Law ◽  
Sea Level Rise ◽  
Sea Level ◽  
The State ◽  
Fundamental Change ◽  
Sea Levels ◽  
Impact Of Climate Change ◽  
Potential Impact ◽  
The Impact

Abstract The increase in sea levels, as a result of climate change in territorial aspect will have a potential impact on two major issues – maritime zones and land territory. The latter goes into the heart of the theory of the state in international law as it requires us to confront the problem of complete and permanent disappearance of a State territory. When studying these processes, one should take into account the fundamental lack of appropriate precedents and analogies in international law, especially in the context of the extinction of the state, which could be used for guidance in this respect. The article analyses sea level rise impact on baselines and agreed maritime boundaries (in particular taking into account fundamental change of circumstances rule). Furthermore, the issue of submergence of the entire territory of a State is discussed taking into account the presumption of statehood, past examples of extinction of states and the importance of recognition in this respect.

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