European Commission (2013), Commission Staff Working Document: Climate change, environmental degradation, and migration, Accompanying the Communication ‘An eu Strategy on adaptation to climate change’, 16 April 2013 swd (2013) 138 final (hereinafter: cswd).

European Commission (2007), Adapting to climate change in Europe – options for eu action, Green Paper, sec(2007) 849, pp. 20–21.

See Somerville (2011) ‘Environmental migration governance: debate in the European Union’, Migration and Global Environmental Change, Foresight, October 2011, available online at http://www.bis.gov.uk/assets/foresight/docs/migration/policy-development/11-1151-pd17-environmental-migration-governance-european-union.pdf (accessed 5 February 2014).

Council of the European Union (2011), Council conclusions on eu Climate Diplomacy, 3106th Foreign Affairs Council meeting, Brussels, 18 July 2011, p. 1.

European Commission (2011), Summary of Stakeholders Responses to the Public Consultation on the Global Approach to Migration, home/O2/kt-cd/ares (2011) 855778, Brussels, 22 July 2011, pp. 7–8. There were 88 responses to the survey.

European Commission (2011), The Global Approach to Migration and Mobility, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, com(2011) 743, Brussels, 18 November 2011, pp. 6–7.

European Council (2009) The Stockholm Programme – An open and secure Europe serving and protecting citizen, 14449/09, jai 679, Brussels, 16 October 2009, p. 42.

Council of the European Union (2013), Conclusions of the Council and of the Representatives of Governments of the Member States meeting within the Council on the 2013 un High-Level Dialogue on Migration and Development and on broadening the development-migration nexus, 12415/13, Brussels, 19 July 2013, p. 6.

Council of the European Union (2013), p. 13.

Geddes and Somerville (2012), at 1020.

Vlassopoulos (2012), at 64.

European Commission (2013) Maximising the Development Impact of Migration, Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, com(2013) 292 final, Brussels, 21 May 2013, p. 2.

Vlassopoulos (2012), at 61.

Council of the European Union (2013) Conclusions on an eu strategy on adaptation to climate change, Environment Council meeting, Luxembourg, 18 June 2013.

A. Weinar (2011), ‘eu Cooperation Challenges in External Migration Policy’, eu-us Immigration Systems 2011/02, Robert Schuman Center for Advanced Studies, San Domenico di Fiesole (fi): European University Institution, pp. 1–2.

Boswell (2003), at 622.

G. White (2011), Climate Change and Migration, New York, ny: Oxford University Press, p. 66.

Vlassopoulos (2012), at 61.

Lavenex and Kunz (2012), at 452–453.

M.-T. Gil-Bazo (2006), Refugee status, subsidiary protection, and the right to be granted asylum under ec law, New Issues in Refugee Research: Research Paper No. 136, p. 1.

In particular McAdam (2012); Kolmannskog and Myrstad (2009).

McAdam (2012), at 72, with reference to the English Court of Appeal in rs (Zimbabwe) v. Secretary of State for the Home Department [2008] ewca Civ 839, para. 31: ‘[. . .] since there is only one legal test for Article 3, assessment of harm should not depend ‘on whether the ‘lack of sufficient resources’ in the receiving State occurs as a consequence of some malign influence by that State or because of benign matters. The effect on the individual is the same in either case and it either reaches the threshold set by the ECtHR or it does not.’ As a matter of human rights law, this is the correct approach.’ Mantouvalou criticises that ‘N. v. uk constitutes a statement that the dignity of the poor and needy foreigner amongst us does not carry equal worth to ours, who are privileged enough to live in affluent communities and who are not prepared to make an effort to rescue them, even at a relatively low cost’ (V. Mantouvalou, ‘N v. uk: No Duty to Rescue the Nearby Needy?’, 72 The Modern Law Review (2009) 815–843, at 827ff ).

E.g., Kälin and Schrepfer (2012), at 35ff; Kolmannskog and Myrstad (2009).

Kälin and Schrepfer (2012), at 36.

J. McAdam (2012) Climate Change, Forced Migration, and International Law, Oxford: Oxford University Press, p. 66.

Clayton (2011), at 767–769.

See also Kälin and Schrepfer (2012), at 36.

McAdam (2012), at 76.

McAdam (2012), at 103ff.

McAdam (2012), at 77ff. McAdam excludes solely cases, in which the argumentation is based on the withdrawal of treatment (D. v. uk), from the scope of application of Article 15(b) of the Directive. However, if arguing in line with other scholars viewing the ECtHR case D. v. uk as the relevant approach for persons moving in the context of environmental change, the wording of Article 15(b) Qualification Directive would pose a major challenge.

McAdam (2007), at 55, referring to Note from Presidency to Asylum Working Party, Discussion Paper on Subsidiary Protection 13167/99 asile 41 (19 November 1999).

McAdam (2012), at 103f.

Kolmannskog and F. Myrstad (2009). They argue that environmental disasters are related with vulnerability and actions or omissions of different actors before, during and after a natural risk.

Peers (2011), at 295–297. eu asylum law is linked to eu visa policy (the list of States whose nationals need visas contains many ‘refugee-producing countries’), eu rules on external border controls, eu law on irregular migration, eu external relations policy and development policy. eu law on irregular migration comes into play ‘as regards attempts to ensure that persons never reach eu Member States’ territory, the criminalization of the smuggling of persons, and the eu’s desire to ‘externalize’ its policies on irregular migration’. Apart from that, in the asylum seeker’s country of origin ‘the Community’s development policy often addresses refugee issues explicitly through funding programmes and clauses in development policy agreements with third States’ and the ‘eu has elaborated a policy designed to assist neighbouring or transit States with large number of refugees on their territory, with a view to discouraging the refugees from contemplating travel onwards to the eu.’

Wouters (2009), at 25.

McAdam (2012), at 76.

J. Crisp (2003), Refugee Protection in Regions of Origin: Potential and Challenges, Migration Policy Institute. Crisp questions already back in 2003 – before the concept of rpps has officially been introduced – whether the transfer from domestic asylum systems to overseas development budgets of industrialised states can lead to a ‘speedy transformation of such troubled locations into havens of peace, safety and economic growth’.

Haddad (2008), at 200.

Haddad (2008), at 202.