scholarly journals The Right to Seek Asylum of ‘Climate Refugees’

Acta Humana ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 119-136
Author(s):  
Valéria Horváth
Keyword(s):  
International Law ◽  
Moral Obligation ◽  
Climate Change Mitigation ◽  
Moral Obligations ◽  
Customary International Law ◽  
Mitigation And Adaptation ◽  
Definition Of ◽  
The Right ◽  
Change Mitigation ◽  
Climate Refugees

Although the issue of climate change mitigation and adaptation is fortunately evermore widely discussed, the problems facing ‘climate refugees’ only appears sporadically in the discussions adding to the current confusion. Taking recent and forecasted trends into account, the UN declares that states have serious moral obligations to provide humanitarian protection to all those displaced. The question which the international community and international lawyers face is whether states have more than just a moral obligation to provide protection. In this paper I will assess whether or not there are any roots in the various sources of international law – such as conventional law, customary international law, or the fundamental principles of international law – for the legal definition of ‘climate refugees’.

CLIMATE ASSESSMENT AS AN EMERGING OBLIGATION UNDER CUSTOMARY INTERNATIONAL LAW

2019 ◽  
Vol 68 (2) ◽  
pp. 271-308
Author(s):  
Benoit Mayer
Keyword(s):  
Climate Change ◽  
International Law ◽  
Environmental Impacts ◽  
Environmental Assessment ◽  
Climate Change Mitigation ◽  
Customary International Law ◽  
Climate Assessment ◽  
The Law ◽  
Change Mitigation

AbstractEnvironmental assessment (EA) is established in most countries as a procedure to ensure that administrative authorities are aware of the environmental impacts likely to result from the activities they approve. Many jurisdictions have moved towards including consideration for climate change mitigation in EA. Through a review of the law and practice of various States, this article suggests that such Climate Assessment is now emerging as a norm of customary international law.

Can Non-State Actors Mount an Armed Attack?

2016 ◽  
Author(s):  
Kimberley Trapp
Keyword(s):  
International Law ◽  
Necessary Condition ◽  
Armed Attack ◽  
International Court Of Justice ◽  
Customary International Law ◽  
International Court ◽  
State Practice ◽  
State Actors ◽  
Definition Of ◽  
The Right

Article 2(4) of the UN Charter prohibits the use of force between States. In so doing, it addresses itself to a strictly interstate context and does not speak to the phenomenon of uses of force by non-state actors (NSAs). The question examined in this chapter is whether the exception to that prohibition—the right to use force in self-defence—is nevertheless responsive to the war-making capacity of NSAs. Otherwise put, is the definition of ‘armed attack’ in Article 51 of the UN Charter (and related customary international law) conditioned on the attacker being a state? In exploring this question, the chapter considers whether attribution is a necessary condition (in ratione personae terms) for the applicability of Article 51 by assessing the language of the Charter (including its travaux préparatoires), jurisprudence of the International Court of Justice, and state practice.

scholarly journals Extending grassland age for climate change mitigation and adaptation on clay soils

2021 ◽  
Author(s):  
Goaitske Iepema ◽  
Nyncke J. Hoekstra ◽  
Ron de Goede ◽  
Jaap Bloem ◽  
Lijbert Brussaard ◽  
...  
Keyword(s):  
Climate Change ◽  
Climate Change Mitigation ◽  
Clay Soils ◽  
Mitigation And Adaptation ◽  
Change Mitigation

Gender, Forests and Climate Change

2021 ◽  
Author(s):  
Paloma Marcos Morezuelas
Keyword(s):  
Climate Change ◽  
Climate Change Mitigation ◽  
Climate Change Impacts ◽  
Forest Products ◽  
Value Chains ◽  
Adaptation Measures ◽  
Mitigation And Adaptation ◽  
Payment Schemes ◽  
Gender Lens ◽  
Change Mitigation

As users of forest products and guardians of traditional knowledge, women have always been involved in forestry. Nevertheless, their access to forest resources and benefits and participation in forest management is limited compared to mens despite the fact that trees are more important to women, who depend on them for their families food security, income generation and cooking fuel. This guide aims to facilitate the incorporation of a gender lens in climate change mitigation and adaptation operations in forests, with special attention to those framed in REDD. This guide addresses four themes value chains, environmental payment schemes, firewood and biodiversity that relate directly to 1) how climate change impacts affect women in the forest and 2) how mitigation and adaptation measures affect womens access to resources and benefits distribution.

Some Reflections on the Theory of Sources of International Law: Re-examining Customary International Law

2018 ◽  
Vol 51 (3) ◽  
pp. 485-502 ◽  
Author(s):  
Ezequiel Heffes
Keyword(s):  
International Law ◽  
Customary International Law ◽  
Cambridge University ◽  
Exponential Increase ◽  
Legal Nature ◽  
Long Time ◽  
Current Value ◽  
Legislative Model ◽  
Complex Features ◽  
Definition Of

This review explores certain challenges related to the notion of customary international law. It seems that it was a long time ago when international law academics and practitioners ever thought that the nature of this source was a well-settled topic. Nowadays international lawmaking processes involve an extraordinary number of interactions, taking place both formally and informally. Such complex features are reflected by an exponential increase in the scholarly study of international legal sources. The legal nature, its applicability and principles regulating customary international law are addressed in the book under review (Brian D Lepard (ed), Reexamining Customary International Law (Cambridge University Press 2017)) through several topical essays. The chapters offer a comprehensive analysis of these lawmaking processes and the challenges they portray from various perspectives and in various fields, such as: What is customary international law and why is it law? Is it law because it reflects a ‘global legislative’ model? What is the current value of the persistent objector theory? Is the two-element definition of customary international law still applicable? By meticulously addressing these and other inquiries, the book presents novel arguments and represents a stimulating addition to the literature on sources of international law.

scholarly journals Characterisation of cyclists’ willingness to pay for green initiatives at Africa’s largest cycle tour

2016 ◽  
Vol 19 (3) ◽  
pp. 432-439
Author(s):  
Melville Saayman ◽  
Waldo Krugell ◽  
Andrea Saayman
Keyword(s):  
Willingness To Pay ◽  
Carbon Footprint ◽  
Climate Change Mitigation ◽  
Demographic Variables ◽  
The Road ◽  
Road Cycling ◽  
Different Types ◽  
On The Road ◽  
The Right ◽  
Change Mitigation

The Cape Argus Pick n Pay Cycle Tour is a major event on the road cycling calendar. The majority of cyclists travel significant distances and participation produces a substantial carbon footprint. This paper examines participants’ willingness to pay to offset their carbon footprint. The purpose of this paper is to make a contribution to the literature by linking willingness to pay to attitudes towards or beliefs (green views) about the initiatives in place, to ensure a greener cycle tour. Factor analysis is used to identify different types of cyclists, based on their green views: those with green money, those who prefer green products and the “re-cyclers”. The results of the regression analysis reveal that socio-demographic variables and the right attitude towards the environment are significant predictors of stated willingness to pay for climate change mitigation.

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