International Law and the Protection of Climate Refugees 1st edition by Giovanni Sciaccaluga 3030524029 9783030524029

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ISBN-10 :  3030524029 

ISBN-13 :  9783030524029

Author:   Giovanni Sciaccaluga 

This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

International Law and the Protection of “Climate Refugees” 1st Table of contents:

1. Introduction
2. Conceptual Framework
Part I. Are All Climate Change Migrants Equal? Making Light in the “Climate Refugees Cauldron”
3. Climate Change and Migration
4. How Many “Climate Refugees”? Pros and Cons of Maximalism and Minimalism
5. Defining the Category: Who Are “Climate Refugees”?
Part II. A Problem of Rights and Responsibilities: The Legal Rationale for the Protection of Forced Climate Migrants
6. International Climate Change Law and State Responsibility
7. The erga omnes Obligation to Mitigate and Manage Climate Change
8. Climate Change, Environmental Degradation, and Fundamental Human Rights
9. Why States Should Protect Forced Climate Migrants
Part III. The Embryos of Forced Climate Migrants’ Law
10. The Role of the UNFCCC and of the Global Compacts for Refugees and Migration
11. The Role of Complementary Protection
12. Conclusion

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Tags: International Law, the Protection, Climate Refugees, Giovanni Sciaccaluga