Threatened Island Nations: Legal Implications of Rising Seas and a Changing Climate

ISBN-13: 9781107025769 / Angielski / Twarda / 2013 / 672 str.

Michael B Gerrard

Opis

Rising seas are endangering the habitability and very existence of several small island nations, mostly in the Pacific and Indian oceans. This is the first book to focus on the myriad legal issues posed by this tragic situation: If a nation is under water, is it still a state? Does it still have a seat at the United Nations? What becomes of its exclusive economic zone, the basis for its fishing rights? What obligations do other nations have to take in the displaced populations, and what are these peoples' rights and legal status once they arrive? Should there be a new international agreement on climate-displaced populations? Do these nations and their citizens have any legal recourse for compensation? Are there any courts that will hear their claims, and based on what theories? Leading legal scholars from around the world address these novel questions and propose answers.

Recenzje

'This collection provides a unique contribution to a field increasingly crowded with political theorists, geographers, and migration scholars, offering a refreshing legal counterpoint to a debate that is becoming increasingly polarized between sweeping claims of global justice and pragmatic accounts of 'migration as adaptation'.' Susannah Wilcox, Global Law Books (www.globallawbooks.org/home.asp)

Spis treści

Part I. Introduction: 1. Introduction Michael B. Gerrard and Gregory E. Wannier; 2. Sea level rise in a changing climate Mary-Elena Carr, Madeleine Rubenstein, Alice Graff and Diego Villareal; Part II. Sovereignty and Territorial Concerns: 3. When do states disappear? Thresholds of effective statehood and the continued recognition of 'deterritorialized' island states Jenny Grote Stoutenburg; 4. The nation ex-situ Maxine Burkett; 5. Introducing the law of the sea and the legal implications of rising sea levels Ann Powers; 6. Options to secure maritime jurisdictional claims in the face of global sea level rise Clive Schofield and David Freestone; 7. Sea level rise and maritime zones: preserving the maritime entitlements of 'disappearing' states Rosemary Rayfuse; Part III. Resettlement Protections and Proposed Solutions: 8. Human rights and climate change: reflections on international legal issues and potential policy relevance Siobhan McInerney-Lankford; 9. Refugee and human rights protections for climate migrants in the international system Michele Klein Solomon and Koko Warner; 10. 'In the face of looming catastrophe': a treaty for climate change displaced persons and its discontents David Hodgkinson and Lucy Young; 11. The national immigration policy options: limits and potential Katrina Wyman; 12. Domestic law for resettlement of persons displaced by climate change Leslie Stein; Part IV. Establishing Accountability: 13. Could a small island successfully sue a big emitter? Pursuing a legal theory and a venue for climate justice Jacob Werksman; 14. Making good the loss: an assessment of the loss and damage mechanism under the UNFCCC process Ilona Millar, Catherine Gascoigne and Elizabeth Caldwell; 15. Ocean acidification: international legal avenues under the UN convention on the law of the sea Dean Bialek; 16. Securing planetary life sources for future generations: legal actions deriving from the ancient sovereign trust obligation Mary Christina Wood, Stephen Leonard, Nicola Peart and Daniel Bart; 17. Transboundary climate challenge to coal: one small step against dirty energy, one giant leap for climate justice Maketo Robert, Leonito Bacalando, Jasper Teulings, Kristin Casper, Jan Šrytr and Kristina Šabová.