Climate Change, Disasters and People on the Move

Providing Protection under International Law

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The open access publication of this book has been published with the support of the Swiss National Science Foundation.

Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.
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Dr. Aylin Noorda, Ph.D. (World Trade Institute, University of Bern, 2022), is an Attorney at Law, working on sustainability. She also holds an LL.B. eq. (University of Istanbul, 2016), LL.M. (University of Toronto, 2014), and LL.B. Hons. degree (LSE, 2013).
Acknowledgements

Abbreviations and Acronyms

Table of Materials

Introduction

1The Need to Provide International Protection to Persons Mobile in the Context of Disasters and Climate Change
 1 Human Mobility in the Context of Disasters and Climate Change as a Complex Problem

 2 International Protection as a Solution
 2.1 The Notion of International Protection in International Law

 2.2 Conceptualising the International Protection of Persons Mobile in the Context of Disasters and Climate Change


 3 Towards International Protection: The Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration
 3.1 The Notion of a Global Compact

 3.2 International Protection and the Global Compact on Refugees

 3.3 International Protection and the Global Compact for Safe, Orderly and Regular Migration

 3.4 Future Implications


 4 Conclusion


2Mapping the Legal Gaps
 1 Relevant International Treaty Regimes
 1.1 International Refugee Regime

 1.2 International Climate Change Regime

 1.3 International Desertification Regime

 1.4 International Labour Regime

 1.5 International Trade Regime

 1.6 International Human Rights Regimes


 2 Relevant International Rules and Principles
 2.1 Non-refoulement

 2.2 Protection in the Event of Displacement

 2.3 Protection in the Event of Disasters


 3 A Novel Challenge: Sea-Level Rise and International Law

 4 Conclusion


3Legal Gaps in Action – Insights from the Pacific Island States
 1 Setting the Scene

 2 Human Mobility in the Context of Disasters and Climate Change in the Region
 2.1 Comparing the Pathways for Inter- and Intra-regional Movement

 2.2 The Prospects for a ‘Regional’ Approach to Human Mobility: pacer Plus, Free Movement and Labour Mobility


 3 Learning from the Domestic Approaches to Protection
 3.1 The Notion of Planned Relocation and the Pacific Island States

 3.2 Planned Relocation Policy of Vanuatu

 3.3 Planned Relocation Policy of Fiji


 4 Conclusion


4The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Community Interest
 1 The Theory of Community Interests in International Law
 1.1 Revival and Content

 1.2 Legal Effects: Obligations Erga Omnes as a Reflection of Community Interests


 2 Application of a Community Interest Approach: Towards an Obligation Erga Omnes to Protect Persons Mobile in the Context of Disasters and Climate Change
 2.1 Identification

 2.2 Pathways to Using the Existing Procedural Aspects of International Law

 2.3 Pathways to Using the Follow-Up and Review Mechanisms of the Global Compact for Migration and the Global Compact on Refugees


 3 Conclusion


5The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Common Concern of Humankind
 1 The Theory of the Common Concern of Humankind in International Law
 1.1 Emergence and Expressions

 1.2 Legal Effects: Treaty Regimes as a Reflection of Common Concerns


 2 The Application of a Common Concern Approach: Towards a New Treaty Regime
 2.1 A Novel Duty to Cooperate

 2.2 A Novel Duty to Act


 3 Conclusion


Conclusion Summary and Outlook
 1 International Protection and Human Mobility in the Context of Disasters and Climate Change

 2 Lessons Learnt about Community Interests and Common Concerns

 3 Outlook


Bibliography

Index

This book is of immediate interest to experts on sustainability, climate change, environmental disasters, migration, displacement, and human rights. It is also of relevance for international legal and political scholars.
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