Research Handbook on Climate Change, Migration and the Law

505 Pages·2017·6.303 MB·English

by  Benoît Mayer (editor), François Crépeau (editor)

RESEARCH HANDBOOK ON CLIMATE
CHANGE, MIGRATION AND THE LAW
MAYER_9781785366581_t.indd 1 27/09/2017 07:58
RESEARCH HANDBOOKS IN CLIMATE LAW
Series Editor: Jonathan Verschuuren, Tilburg University, the Netherlands
This important and timely series brings together critical and thought-provoking
contributions on the most pressing topics and issues within the field of climate
law. The volumes in this significant series cover a wide array of the effects of
climate change on such diverse fields as trade, human rights, energy, disasters,
finance, and migration.
Each Research Handbook comprises specially-commissioned chapters from
leading academics, and practitioners, as well as those with an emerging reputation
and is written with a global readership in mind. Equally useful as reference tools
or high-level introductions to specific topics, issues and debates, these Handbooks
will be used by academic researchers, postgraduate students, practising lawyers
and lawyers in policy circles.
Titles in this series include:
Research Handbook on REDD+ and International Law
Edited by Christina Voigt
Research Handbook on Emissions Trading
Edited by Stefan E. Weishaar
Research Handbook on Climate Change and Trade Law
Edited by Panagiotis Delimatsis
Research Handbook on Climate Change and Agricultural Law
Edited by Mary Jane Angelo and Anél Du Plessis
Research Handbook on Climate Change, Migration and the Law
Edited by Benoît Mayer and François Crépeau
MAYER_9781785366581_t.indd 2 27/09/2017 07:58
Research Handbook on
Climate Change, Migration
and the Law
Edited by
Benoît Mayer
Assistant Professor, Faculty of Law, Chinese University of
Hong Kong
François Crépeau
Hans & Tamar Oppenheimer Professor in Public International
Law, Faculty of Law, McGill University, Canada
RESEARCH HANDBOOKS IN CLIMATE LAW
Cheltenham, UK • Northampton, MA, USA
MAYER_9781785366581_t.indd 3 27/09/2017 07:58
© The Editors and Contributors Severally 2017
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system or transmitted in any form or by any means, electronic, mechani-
cal or photocopying, recording, or otherwise without the prior permission of the
publisher.
Published by
Edward Elgar Publishing Limited
The Lypiatts
15 Lansdown Road
Cheltenham
Glos GL50 2JA
UK
Edward Elgar Publishing, Inc.
William Pratt House
9 Dewey Court
Northampton
Massachusetts 01060
USA
A catalogue record for this book
is available from the British Library
Library of Congress Control Number: 2017939821
This book is available electronically in the
Law subject collection
DOI 10.4337/9781785366598
ISBN 978 1 78536 658 1 (cased)
ISBN 978 1 78536 659 8 (eBook)
Typeset by Servis Filmsetting Ltd, Stockport, Cheshire
2
0
MAYER_9781785366581_t.indd 4 27/09/2017 07:58
Contents
List of contributors viii
1 Introduction 1
Benoît Mayer and François Crépeau
PART I PERSPECTIVES ON THE CLIMATE-MIGRATION
NEXUS
2 Climate-related migration and its linkages to vulnerability,
adaptation, and socio-economic inequality: evidence from recent
examples 29
Robert McLeman
3 ‘Climate-induced migration’: ways forward in the face of an
intrinsically equivocal concept 49
Calum T.M. Nicholson
4 Representation and misrepresentation of climate migrants 67
Carol Farbotko
PART II EXISTING LAWS AND INSTITUTIONS
5 The inadequacy of international refugee law in response to
environmental migration 85
Christel Cournil
6 The relevance of the Guiding Principles on Internal
Displacement for the climate change-migration nexus 108
Elizabeth Ferris
7 Climate change, human rights and migration: a legal analysis of
challenges and opportunities 131
Siobhán McInerney-Lankford
8 Indigenous peoples, climate migration and international human
rights law in Africa, with reflections on the relevance of the
Kampala Convention 169
Ademola Oluborode Jegede
v
MAYER_9781785366581_t.indd 5 27/09/2017 07:58
vi Research handbook on climate change, migration and the law
9 International climate change law perspectives 190
Maxine Burkett
10 Displacement due to responses to climate change: the role of a
rights-based approach 205
Sébastien Jodoin, Kathryn Hansen and Caylee Hong
11 Climate change, migration and the law of state responsibility 238
Benoît Mayer
12 Regional responses to climate change and migration in Latin
America 262
Erika Pires Ramos and Fernanda de Salles Cavedon-Capdeville
13 Organizational perspectives: International Organization for
Migration’s role and perspectives on climate change, migration
and the law 288
Gervais Appave, Alice Sironi, Mariam Traore Chazalnoël, Dina
Ionesco and Daria Mokhnacheva
14 Organizational perspective from the International Labour
Organization 316
Sophia Kagan, Meredith Byrne and Michelle Leighton
15 Engaging the media on climate-linked migration 331
Alex Randall
PART III WAYS FORWARD?
16 Ethical duties to climate migrants 347
Katrina M. Wyman
17 When climate-induced migration meets loss and damage: a
weakening agenda-setting process? 376
Chloé Anne Vlassopoulos
18 The refugees of the Anthropocene 394
François Gemenne
19 Towards a global governance system to protect climate
migrants: taking stock 405
Frank Biermann and Ingrid Boas
20 Towards a climate change displacement facility 420
Ilona Millar and Kylie Wilson
MAYER_9781785366581_t.indd 6 27/09/2017 07:58
Contents vii
21 Towards an extension of complementary protection? 449
Susan F. Martin
Afterword James C. Hathaway 467
Index 471
MAYER_9781785366581_t.indd 7 27/09/2017 07:58
Contributors
Gervais Appave is currently the Special Policy Adviser to the Director
General of the International Organization for Migration. He was the
founding Director of the Migration Policy, Research and Communication
(MPRC) Department at the IOM. He has been the editor in chief and
a contributing author to several IOM World Migration Reports. His
professional itinerary and responsibilities have revolved around the search
for effective policies for the governance of human mobility.
Frank Biermann is a research Professor of Global Sustainability
Governance with the Copernicus Institute of Sustainable Development,
Faculty of Geosciences, Utrecht University, the Netherlands. He also
chairs the Earth System Governance Project, a global transdisciplinary
research network launched in 2009. Biermann’s current research examines
multilateral institutions, options for reform of the United Nations, global
adaptation governance, Sustainable Development Goals, the political
role of science, global justice, non-state climate actions, and conceptual
innovations such as the notion of the Anthropocene.
Ingrid Boas is Assistant Professor at the Environmental Policy Group
at Wageningen University, the Netherlands. Her research is in the field
of environmental change, mobilities and governance, with a focus on
environmentally-induced migration, climate security and climate resilience.
She has recently been awarded a personal grant on the subject of
environmentally-related migration in the digital age. Her recent book is
Climate Migration and Security: Securitisation as a Strategy in Climate
Change Politics (2015).
Maxine Burkett is a Professor of Law at the William S. Richardson School
of Law, University of Hawai‘i and a Global Fellow at the Woodrow
Wilson International Center for Scholars. An expert in the law and policy
of climate change, from 2009–12, Professor Burkett also served as the
inaugural Director of the Center for Island Climate Adaptation and Policy
(ICAP). As the Director of ICAP, she led projects to address climate
change policy and planning for island communities globally.
Meredith Byrne is a Junior Technical Officer for the Labour Migration
Branch of the International Labour Organisation, specializing in labour
migration in the context of climate change and crisis. Meredith previously
viii
MAYER_9781785366581_t.indd 8 27/09/2017 07:58
Contributors ix
worked with the UNHCR Livelihoods Unit in Geneva after several stints
of field research in both Cameroon and Uganda. Meredith has her BA
in International Relations from Connecticut College and her M.Phil. in
Development Studies from the University of Oxford.
Christel Cournil is Associate Professor in Public Law at the University of
Paris 13, Sorbonne Paris Cité and lecturer at Sciences Po Toulouse. She is
a member of the IRIS laboratory and is associated with CERAP. She runs
a chronicle in the European Journal of Human Rights. She holds degrees
from the University of Toulouse Capitol. Her research focuses on the
climate-migration nexus, climate justice and the link between human rights
and environmental law.
François Crépeau is Full Professor and holds the Hans and Tamar
Oppenheimer Chair in Public International Law, at the Faculty of Law
of McGill University. He has been appointed United Nations Special
Rapporteur on the Human Rights of Migrants in 2011. He is a fellow
of the Royal Society of Canada. In August 2015, he became Director of
McGill’s Centre for Human Rights and Legal Pluralism for a three-year
mandate.
Carol Farbotko is a researcher in cultural geography and environmental
studies, with interests in conceptualizing and testing the ways in which
culture shapes, and is shaped by, environmental change. She has studied
the cultural politics of a range of human and non-human subjects,
including climate migrants. She is currently affiliated with the School of
Land and Food – Geography and Environmental Studies, University of
Tasmania, Australia.
Elizabeth Ferris is Research Professor with the Institute for the Study of
International Migration at Georgetown University’s School of Foreign
Service and also serves as a Non-resident Senior Fellow in Foreign Policy
at the Brookings Institution. From 2006-2015, she was a Senior Fellow
and co-director of the Brookings-LSE Project on Internal Displacement.
Prior to joining Brookings, she spent 20 years working in the field of
humanitarian assistance.
François Gemenne is a specialist of the geopolitics of environmental
migration. He is a FNRS senior research associate at the University of
Liège and he also lectures on environmental and migration policies in
various universities, including Sciences Po in Paris and the Free University
of Brussels. He has been involved in a large number of international
research projects on these issues, including EACH-FOR, HELIX and
MECLEP, for which he is the global research coordinator.
MAYER_9781785366581_t.indd 9 27/09/2017 07:58