The Law Systematic for Policy Conflict of Climate Change Disaster

Abstract The present study analyses climate change from the perspective of the law of armed conflict. Climate may be both a victim and a means of warfare. Arguably, the existing normative framework is broad enough to allow for accommodating climate change. It cannot be denied that the environment is easily harmed, or at least jeopardized in times of armed conflicts. Despite the obvious lack of explicit references in the instruments of international humanitarian law, it may be argued that it is possible to fit climate change in. The accompanying analysis addresses the respective potential and the ensuing hurdles.

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Part 3 Protection, 12 Displacement related to the Impacts of Disasters and Climate Change

10.1093/law/9780198808565.003.0012 ◽

2021 ◽

Author(s):

Goodwin-Gill Guy S ◽

McAdam Jane ◽

Dunlop Emma

Keyword(s):

Climate Change ◽

Human Rights ◽

Sudden Onset ◽

Internally Displaced ◽

Full Effect ◽

The Law ◽

Legal Frameworks ◽

The Right ◽

International Instruments ◽

International Border

This chapter explores the nature of movement occasioned by the impacts of disasters and climate change. There is scientific consensus that the effects of climate change are aggravating and amplifying many ‘natural’ environmental hazards. This, in turn, may threaten a range of human rights including the right to life, health, housing, culture, means of subsistence, and the right to be free from inhuman or degrading treatment. Moreover, disasters linked to sudden-onset natural hazards continue to trigger the largest number of new internal displacements annually. The chapter then considers the law as it pertains to internally displaced persons (IDPs), as well as the limits and capacity of the international and regional legal frameworks that may apply to those who were displaced across an international border (refugee law, human rights law, and the law on statelessness). While a number of international instruments now include language on climate change, disasters, and displacement, including the 2018 Global Compact for Safe, Orderly and Regular Migration, more is required to give full effect to these undertakings, both with regard to the capacity to anticipate displacement, and to determine what kind of ‘protection’ is called for, by whom, and where.

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Climate, Oceans, and the Law of Special and General Adaptation

10.1093/law/9780199684601.003.0024 ◽

2016 ◽

Author(s):

U. Rashid Sumaila

Keyword(s):

Climate Change ◽

Climate Change Impacts ◽

Climate Impacts ◽

Adaptive Responses ◽

Wide Range ◽

General Adaptation ◽

The Law ◽

Adaptation Law ◽

Private Actors ◽

International Fisheries

This chapter describes the literature of adaptation law in the context of international ocean governance. Adaptation law consists of rules aimed at minimizing the social costs associated with human response to climate impacts. These can be used to shape the behaviour of private actors or public institutions. The law sometimes might provide incentives to make enterprises more resilient as it makes capital unnecessarily stranded during climate change. In order to illustrate the challenges of implementation in the ocean context, the chapter focuses on two examples: international fisheries and ‘mari-engineering’. International fisheries represent ongoing ocean use and regulated by a well-developed body of international law. Due to the wide range of possible climate impacts and adaptive responses, proactive changes to existing fisheries rules in anticipation of climate change fit into the category of general adaptation law, while mari-engineering is engineering the seas to slow or halt climate change impacts.

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Donat Pharand: The Arctic Scholar

Canadian Yearbook of international Law/Annuaire canadien de droit international ◽

10.1017/s0069005800009000 ◽

2007 ◽

Vol 44 ◽

pp. 3-94 ◽

Cited By ~ 1

Author(s):

Suzanne Lalonde ◽

Ronald St. J. MacDonald

Keyword(s):

Climate Change ◽

Legal Issues ◽

The Arctic ◽

Law Of The Sea ◽

The World ◽

The Law ◽

Key Events

SummaryThe Arctic, long neglected, has been thrust into the limelight as climate change dramatically transforms its landscape. The ice, which for centuries has acted as a powerful barrier keeping the world at bay, is melting at an alarming rate. The promise of greater accessibility to the region inevitably raises a host of important issues. Donat Pharand, an internationally renowned scholar, has dedicated his long and illustrious career to researching and understanding the legal issues pertaining to Canada's claim over the waters of the Arctic archipelago. This article chronicles the key events in his life and examines Pharand's profound contribution to the law of the sea of the Arctic.

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Research Handbook on Climate Change, Migration and the Law, Research Handbooks in Climate Law

International Journal of Refugee Law ◽

10.1093/ijrl/eez045 ◽

2019 ◽

Vol 31 (4) ◽

pp. 610-612

Author(s):

Aylin Yildiz

Keyword(s):

Climate Change ◽

The Law

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Tourism development and adaptation to climate change through legal constraint

Worldwide Hospitality and Tourism Themes ◽

10.1108/whatt-12-2017-0074 ◽

2018 ◽

Vol 10 (2) ◽

pp. 244-252 ◽

Cited By ~ 2

Author(s):

Jean-François Joye

Keyword(s):

Climate Change ◽

Global Warming ◽

Tourism Development ◽

Adaptation To Climate Change ◽

Mountain Areas ◽

Content Type ◽

Ski Resorts ◽

Legal Constraint ◽

The Law ◽

The Moment

Purpose This paper aims to present a legal study addressing the way in which tourism development and planning in mountain areas can be adapted to climate change issues. It gives examples of attempts to regulate such development by law. Recent legislation in France has created new obligations targeted at ski resort managers. Urban planning and tourism development are key topics of the new French Mountain Act (law of 28 December 2016). The law moves back and forth between two goals, economic development and the protection of nature, and it is sometimes difficult to understand the general coherence of the text. Nevertheless, two significant new legal elements can be highlighted. Planning policies in mountain areas have to take climate change issues into account in the process of authorising major tourism building projects. Moreover, for the first time, the law requires obsolete ski lifts to be dismantled when they are no longer in use. Of course, although these measures are only legally theoretical at the moment, they represent important progress and are initially relevant to many ski resorts affected by global warming, especially in low-altitude mountain areas. Many of these are already experiencing a lack of snow, and a new economic model needs to be drawn up. Design/methodology/approach This paper is based on a review of French laws having an effect on mountain areas’ adaptation to climate change. Findings This paper presents two innovations included in the new French Mountain Act (law of 28 December 2016). Originality/value This paper underscores problems emanating from global warming in mountain areas. Some ski resorts are facing a lack of snow. The main issue is to anticipate the fact that many ski lifts, or other structures or buildings created for the snow economy, could become obsolete. Legal tools can provide a solution by forcing administrations or operators to be cautious when making decisions relating to new tourist investments, and to dismantle obsolete ski lifts.

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The Oslo Principles and the Enterprises Principles: Legal Strategies to Come to Grips with Climate Change

Journal of European Tort Law ◽

10.1515/jetl-2017-0007 ◽

2017 ◽

Vol 2017 (2) ◽

Author(s):

Jaap Spier

Keyword(s):

Climate Change ◽

Pension Funds ◽

Global Temperature ◽

The Core ◽

Legal Obligations ◽

Key Features ◽

The Law ◽

To Come ◽

Legal Strategies

AbstractIt is almost commonly accepted that we must keep the increase of global temperature below 2 degrees C and preferably below 1.5 degree C. This begs the question: do states and enterprises have concrete reduction and other obligations to stem the tide? The Oslo Principles, adopted on March 2015, tried to discern the legal obligations of states and to a lesser extent enterprises. The Enterprises Principles will map the legal obligations of enterprises, financiers and long term investors such as pension funds. Both set of principles are based on an interpretation of the law as it stands or will likely develop. This article and Philip Sutherland’s contribution to this volume focus on the core obligations of both the Oslo and the Enterprises Principles. Since the adoption of the Oslo Principles a lot has happened. This contribution also discusses a few key features of the Oslo Principles in light of these developments.

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