Kathmandu School of Law Review

P-ISSN : 2091-2110, E-ISSN : 2773-8159, DOI : 10.46985, Publisher : Kathmandu School of Law, Nepal
Annual flagship journal of Kathmandu School of Law, Nepal

Volume 5, Issue 1, April 2017
Articles

An Overview on Climate Change Displacement: Exploring New Principles and Frameworks for Funding

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  • Ashna Singh K.
Ashna Singh K.
Ph.D. Research Scholar in Law, Dr. Ram Manohar Lohiya National Law University, Lucknow, Uttar Pradesh
Bio

Published 2017-04-30

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How to Cite

K., A. S. (2017). An Overview on Climate Change Displacement: Exploring New Principles and Frameworks for Funding. Kathmandu School of Law Review, 5(1), 62–77. Retrieved from https://kslreview.org/index.php/kslr/article/view/160

Abstract

Climate change displacement is probably going to be one of the biggest global challenges for the future in the wake of the worrying state of the global environment and the never-ending North-South politics manifested by blame-games and weak wordings in the Paris Climate Change Agreement. This challenge thus comes with several securities, funding and human rights implications. For these reasons, it has become important to address these issues beforehand and be prepared for the future. Several studies have been carried out in this regard, mostly dealing with the human rights implications involved. This article seeks to go a step further and analyses how a practical framework could be drafted. In particular, this article would arrive at this framework based on two main themes. Firstly, what could be the principles in underlying the future course of action which could accommodate such human rights and secondly, how the funding for this cause could be assimilated based on the very principles. Based on these two themes, the Southern countries should build arguments to bank on as and when questions regarding this issue arise at the global fora.

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References

  1. Jane McAdam, ‘Climate Change Displacement and International Law: Complementary Protection Standards,’ UNHCR Legal and Protection Policy Research Series No. PPLA/2011/03, UNHCR, 2011, p. 5.
  2. United Nations Framework Convention on Climate Change, 1771 UNTS 107, adopted on 9 May 1992, art 1(2).
  3. Intergovernmental Panel on Climate Change, ‘IPCC Fourth Assessment Report: Climate Change 2007 -Climate Change Synthesis Report,’ 2007, Intergovernmental Panel on Climate Change, available at https://www.ipcc.ch/pdf/assessment-report/ar4/syr/ar4_syr.pdf, accessed on 1 March 2017.
  4. Ibid.
  5. United Nations High Commission for Refugees, ‘High Commissioner’s Dialogue on Protection Challenges (8–9 December 2010) Breakout Session 1: Gaps in the International Protection Framework and in Its Implementation, ‘Protection Gaps and Responses’, 2010, United Nations High Commission for Refugees available athttp://www.unhcr.org/4d09e47a9.pdf, accessed on 10 March 2017.
  6. UNFCCC Decision 2/CP.19, Warsaw international mechanism for loss and damage associated with climate change impacts, UN Doc. FCCC/CP/2013/10/Add.1 (Jan. 31, 2014).
  7. Saleemul Huq& Roger-Mark De Souza, ‘Climate Compensation: How Loss and Damage Fared in the Paris Agreement,’ 12 January 2016, New Security Beat available at https://www.newsecuritybeat.org/2016/01/loss-damage-fared-paris-agreement/, accessed on 13 March 2017.
  8. Intergovernmental Panel on Climate Change, ‘Climate Change 2001: Third Assessment Report’, 2001, IPCC available at http://www.grida.no/climate/ipcc_tar/wg1/pdf/wg1_tar-front.pdf, accessed on 27 April 2017.
  9. N. Stern, ‘Stern Review: The Economics of Climate Change’, 2006, available at http://mudancasclimaticas.cptec.inpe.br/~rmclima/pdfs/destaques/sternreview_report_complete.pdf, accessed on 27 April 2017.
  10. Maxmillan Martin et al,‘Policy analysis: Climate change and migration Bangladesh’, Working Paper no. 4, Refugee and Migratory Movements Research Unit, University of Dhaka and Sussex Centre for Migration Research, 2013.
  11. Jane Mc Adam & Elizabeth Ferris, ‘Planned relocations in the context of climate change: unpacking the legal and conceptual issues’, vol. 4,Cambridge Journal of International and Comparative Law p. 137, 2015, p. 162.
  12. International Organization for Migration, ‘Migration, Climate Change and the Environment,’ International Organization for Migration available at http://www.iom.int/definitional-issues, accessed on 5 March 2017.
  13. Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), adopted on 23 October 2009.
  14. McAdam (n 1), p. 9.
  15. European Commission, ‘Thematic Issue: Migration in Response to Environmental Change,’ vol. 51, Science for Environment Policyp. 3, 2015, p. 5.
  16. Koko Warner et al., ‘Changing Climate, Moving People: Framing Migration, Displacement and Planned Relocation,’ UNU-EHS Policy Brief no. 8, United Nations University, 2013.
  17. McAdam (n 1), p. 10.
  18. Benoit Mayer, ‘The International Legal Protection of Climate (or Environmental) Migrants at the Crossroads: Fraternity, Responsibility and Sustainability,’ vol. 56, Supreme Court Law Review [Canada] p. 723, 2012, p. 726.
  19. Edward Cameron, ‘What Is Equity in the Context of Climate Negotiations?’ 14 December, 2012, World Resources Institute available at http://www.wri.org/blog/2012/12/what-equity-context-climate-negotiations, accessed on 14 March 2017.
  20. Charles D. Gonthier, ‘Liberty, Equality, Fraternity: The Forgotten Leg of the Trilogy, or Fraternity: The Unspoken Third Pillar of Democracy,’ vol. 45, McGill Law Journal p. 567, 2000, p. 574.
  21. John Rawls, A Theory of Justice, Belknap Press of Harvard University Press, Cambridge, p. 197.
  22. Mayer (n 18), p. 728.
  23. Katrina Miriam Wyman, ‘Responses to Climate Migration,’ vol. 37, Harvard Environmental Law Review p. 167, 2013, p. 196.
  24. Benoit Mayer, ‘State Responsibility and Climate Change Governance: A Light through the Storm,’ vol. 13, Chinese Journal of International Law p. 539, 2014, p. 562.
  25. Christian Tams, Enforcing Obligations Erga Omnes in International Law, Cambridge University Press, Cambridge, 2005, p. 250.
  26. Mayer (n 18), p. 747.
  27. Declaration on the Right to Development, A/RES/41/128, adopted on 4 December, 1986, art. 1.1.
  28. Bonnie Docherty & Tyler Giannini,‘Confronting a Rising Tide: A Proposal for a Convention on Climate Change Refugees’, vol. 33, Harvard Environmental Law Reviewp. 349, 2009, p. 358.
  29. “Environmentally-displaced persons” are defined as ‘individuals, families and populations confrontedwith a sudden or gradual environmental disaster that inexorably impacts their living conditions, resulting in their forced displacement, at the outset or throughout from their habitual residence.’ 30. Sumudu Atapattu, ‘Climate Change: Disappearing States, Migration, and Challenges for International Law’, vol. 4, Washington Journal of International Law and Policy p. 1, 2014, p. 8.
  30. Even under the Refugee Convention, migrants are to be accorded protection that is suitable for them, considering the geographical areas and climatic conditions that they are suited to.
  31. The Refugee Convention also includes aspects related to cultural preservation. Also see article 1 of International Covenant on Economic Social and Cultural Right (right to self-determination), article 1 of Convention for the Safeguarding of the Intangible Cultural Heritage.
  32. This was the system that was followed initially under the Refugee Convention but now the system of individual determination of refugees is used.
  33. V. Kolmannskog & L. Trebbi, ‘Climate Change, Displacement and Protection: A Multi-Track Approach,’ vol. 92,International Review of the Red Cross, 2010, p. 713.
  34. Koko Warner et al., ‘Changing Climate, Moving People: Framing Migration, Displacement and Planned Relocation’, Policy Brief no. 8, UNU-EHS, 2013, p. 9.
  35. UNFCCC, ‘National Adaptation Plans’, UNFCC available at http://unfccc.int/adaptation/workstreams/national_adaptation_plans/items/6057.php, accessed on 28 April 2017.
  36. Office of the President, ‘Relocation’, Office of the President, the Republic of Kiribati Official Websiteavailable at http://www.climate.gov.ki/category/action/relocation/, accessed on 28 April 2017.
  37. ‘Adaptation Fund’, UNFCCC available athttp://unfccc.int/cooperation_and_support/financial_mechanism/adaptation_fund/items/3659.php, accessed on 25 April 2017.
  38. Ibid.
  39. Robert McLeman, ‘Climate Change Migration, Refugee Protection, and Adaptive Capacity-Building,’ vol. 4, McGill International Journal of Sustainable Development Law and Policy p. 1, 2012, p. 9.
  40. Ibid.
  41. Centre for International Sustainable Development Law, ‘The Principle of Common but Differentiated Responsibilities: Origins and Scope,’ Centre for International Sustainable Development Law available athttp://cisdl.org/public/docs/news/brief_common.pdf, accessed on 15 March 2017.
  42. Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol, ‘Consideration of the Scale of Emission Reductions to Be Achieved by Annex I Parties in Aggregate –Addendum,’ paper no. 2, Submission by Tuvalu, United Nations Framework Convention on Climate Change, 2009.
  43. Jane McAdam & Ben Saul, ‘An Insecure Climate for Human Security? Climate-Induced Displacement and International Law,’ Working Paper No. 4, Sydney Centre for International Law, 2008.
  44. Benoit Mayer, ‘The International Legal Challenges of Climate-Induced Migration: Proposal for an International Legal Framework,’ vol. 22, Colorado Journal of International Environmental Law and Policy p.357, 2011, p.397.
  45. Jessica Wentz & Michael Burger, ‘Designing a Climate Change Coordination Displacement Facility: Key Issues for COP 21,’ September 2015, Columbia Law School available at https://web.law.columbia.edu/sites/default/files/microsites/climate-change/unfccc_climate_change_displacement_coordination_facility.pdf, accessed on 27 February 2017.
  46. Mayer (n 18), p. 762.
  47. Margit Ammer et al., ‘Legal Status and Legal Treatment of Environmental Refugees,’ November 2010, Environmental Research of the Federal Ministry of the Environment, Nature Conservation and Nuclear Safety available at https://www.umweltbundesamt.de/sites/default/files/medien/461/publikationen/texte_54_2010_kurzfassung_e1_0.pdf, accessed on 8 March 2017.

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