Research Handbook On Climate Change Migration And The Law

This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.

This Handbook seeks to provide an overview of the myriad of ideas and debates that emerged in recent years on climate change, migration and the law. What is often reduced to the simple terms such as “climate migration” or “climate refugees” emerged as a rather complex theme. Climate change affects human mobility in multiple ways, often indirectly, and always within the context of particular societies and communities. It is not always possible to identify specific scenarios of climate migration and, a fortiori, to single out “climate migrants.” In turn, these conceptual intricacies make it more difficult to analyse how existing law applies to - and how new laws and policies could relate to - what should perhaps best be called the “climate-migration nexus.”As editors, we were committed to giving voice to different views, even if those could be conflicting, rather than pushing for a particular narrative of our taste. We thus leave it to the readers to weigh multiple arguments through further research. Thus, the chapters gathered in this Handbook are written by authors from different backgrounds and perspectives to reflect the multiple on-going discussions on the topic. These chapters develop diverse and sometimes conflicting understandings of, among others, the implications of climate change for human mobility, terminological choices, and views about desirable steps to be taken.This introduction provides a general background to the chapters that follow. A first section discusses some difficulties in conceptualizing the climate-migration nexus. A second section offers a broad overview of relevant legal developments. A third section examines the political and normative implications of discussions on the climate-migration nexus. A fourth section presents the outlines of this Handbook.

This timely Research Handbook offers an insightful review of how legal systems Ð whether domestic, international or transnational Ð can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law.Ê International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system.Ê

The interaction between climate change and trade has grown in prominence in recent years. This Research Handbook contains authoritative original contributions from leading experts working at the interface between trade and climate change. It maps the state of affairs in such diverse areas as: carbon credits and taxes, sustainable standard-setting and trade in ‘green’ goods and services or investment, from both a regional and global perspective. Panagiotis Delimatsis redefines the interrelationship of trade and climate change for future scholarship in this area.

ÔThe present book is a much needed publication on climate change adaptation law. It is a collaborative effort of distinguished experts from around the world and adopts a holistic approach to adaptation, taking a global view, with a focus on the international, the regional and domestic levels. This publication has a wealth of information, illustrating the issue of adaptation with many examples from all over the world. One of the most valuable aspects of this book, ensuring that it will have a lasting value, is that it discusses all fields of law, which are vulnerable to climate change (such as tort law; insurance law; disaster law; marine law; water law; planning law; construction law; environmental law; forestry; energy law; biodiversity). The book also includes general issues of adaptation, such as climate justice and the relationship between adaptation and development; human rights in the context of migration law and compensation. It is written in a very accessible language and will be an indispensible reading for both scholars and practitioners. The content and structure of the book make it a definitive book on climate adaptation.Õ Ð Malgosia Fitzmaurice, Queen Mary, University of London, UK ÔThis book indeed will become the definitive text on climate adaptation law for the coming years! From a global law perspective, Verschuuren and his team analyse in an outstanding way the legal challenges and barriers to climate change adaptation and how they can be overcome. Just like climate change, this book is here to stay!Õ Ð Kurt Deketelaere, KU Leuven/League of European Research Universities (LERU), Belgium This timely Research Handbook discusses the challenges brought about by the need to adapt to a changing climate. It considers how adaptation is necessary to address impacts resulting from the warming of the EarthÕs atmosphere which is already unavoidable due to past emissions. With adaptation policies around the world still in their infancy, the book examines the legal challenges and barriers to climate change adaptation and how can they be overcome. It brings together expert contributors to consider topics ranging across tort and insurance law, disaster law, water law, marine law, planning law, biodiversity law, green buildings, pollution control, displacement, agriculture and energy. With its transnational and multilevel approach, the Research Handbook on Climate Change Adaptation Law will be an essential resource for academics in the field of climate change policy and law, policymakers and other government officials working on climate change, and NGOs working in the field of climate change.

Through assessing climate disaster law in relation to international, public, private and environmental law this Research Handbook considers the unique challenges, barriers and opportunities that climate disasters pose for law and policy. Scientific and empirical evidence suggests that the laws addressing natural disasters cannot be adequately applied to disasters that are caused by climate change. Featuring contributions from leading international experts, this Research Handbook will be a useful resource for those with an interest in environmental law and international policymaking.

This timely Research Handbook offers an insightful review of how legal systems - whether domestic, international or transnational - can and should adjust to fairly and effectively support loss and damage (L&D) claims in climate change law. International contributors guide readers through a detailed assessment of the history and current state of L&D provisions under the UN climate regime and consider the opportunities to fund L&D claims both within and outside the UN climate system. Split into four parts, the Research Handbook investigates the current legal frameworks for L&D across both public international law and domestic law. Chapters explore foundational issues including equity and justice and give a critical assessment of the current state and potential future evolution of international legal systems. The contributing authors also discuss the challenges faced by different legal systems in dealing effectively and fairly with L&D. Providing a comprehensive overview of this important topic, this Research Handbook will be an excellent resource for climate lawyers and policymakers. It will also be an invaluable read for academics and students researching environmental and climate issues.

Climate change is causing traditional political and legal concepts to be revisited. The emergence of a global polity through physical, economic and social interaction demands global responses which should be founded upon new principles and which cannot simply be modelled on traditional constitutionalism centred on the nation-state. This Research Handbook explores how to build this climate constitutionalism at a global level, starting from the narrative of Anthropocene and its implications for law. It provides a critical approach to global environmental constitutionalism, analysing the problems of sustainability and global equity which are entwined with the causes and consequences of climate change. The Handbook explores how to develop constitutional discourses and strategies to address these issues, and thereby tackle the negative effects of climate change whilst also advancing a more sustainable, equitable and responsible global society.