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Climate Change, Disasters and People on the Move: Providing Protection under International Law: World Trade Institute Advanced Studies, cartea 11

Autor Aylin Yildiz Noorda
en Limba Engleză Hardback – 21 sep 2022
The open access publication of this book has been published with the support of the Swiss National Science Foundation.

Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.
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Specificații

ISBN-13: 9789004522268
ISBN-10: 9004522263
Pagini: 247
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria World Trade Institute Advanced Studies


Notă biografică

Dr. Aylin Noorda, Ph.D. (World Trade Institute, University of Bern, 2022), is an Attorney at Law, working on sustainability. She also holds an LL.B. eq. (University of Istanbul, 2016), LL.M. (University of Toronto, 2014), and LL.B. Hons. degree (LSE, 2013).

Cuprins

Acknowledgements

Abbreviations and Acronyms

Table of Materials

Introduction

1The Need to Provide International Protection to Persons Mobile in the Context of Disasters and Climate Change
1 Human Mobility in the Context of Disasters and Climate Change as a Complex Problem

2 International Protection as a Solution
2.1The Notion of International Protection in International Law

2.2Conceptualising the International Protection of Persons Mobile in the Context of Disasters and Climate Change


3 Towards International Protection: The Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration
3.1The Notion of a Global Compact

3.2International Protection and the Global Compact on Refugees

3.3International Protection and the Global Compact for Safe, Orderly and Regular Migration

3.4Future Implications


4 Conclusion


2Mapping the Legal Gaps
1 Relevant International Treaty Regimes
1.1International Refugee Regime

1.2International Climate Change Regime

1.3International Desertification Regime

1.4International Labour Regime

1.5International Trade Regime

1.6International Human Rights Regimes


2 Relevant International Rules and Principles
2.1Non-refoulement

2.2Protection in the Event of Displacement

2.3Protection in the Event of Disasters


3 A Novel Challenge: Sea-Level Rise and International Law

4 Conclusion


3Legal Gaps in Action – Insights from the Pacific Island States
1 Setting the Scene

2 Human Mobility in the Context of Disasters and Climate Change in the Region
2.1Comparing the Pathways for Inter- and Intra-regional Movement

2.2The Prospects for a ‘Regional’ Approach to Human Mobility: pacer Plus, Free Movement and Labour Mobility


3 Learning from the Domestic Approaches to Protection
3.1The Notion of Planned Relocation and the Pacific Island States

3.2Planned Relocation Policy of Vanuatu

3.3Planned Relocation Policy of Fiji


4 Conclusion


4The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Community Interest
1 The Theory of Community Interests in International Law
1.1Revival and Content

1.2Legal Effects: Obligations Erga Omnes as a Reflection of Community Interests


2 Application of a Community Interest Approach: Towards an Obligation Erga Omnes to Protect Persons Mobile in the Context of Disasters and Climate Change
2.1Identification

2.2Pathways to Using the Existing Procedural Aspects of International Law

2.3Pathways to Using the Follow-Up and Review Mechanisms of the Global Compact for Migration and the Global Compact on Refugees


3 Conclusion


5The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Common Concern of Humankind
1 The Theory of the Common Concern of Humankind in International Law
1.1Emergence and Expressions

1.2Legal Effects: Treaty Regimes as a Reflection of Common Concerns


2 The Application of a Common Concern Approach: Towards a New Treaty Regime
2.1A Novel Duty to Cooperate

2.2A Novel Duty to Act


3 Conclusion


Conclusion Summary and Outlook
1 International Protection and Human Mobility in the Context of Disasters and Climate Change

2 Lessons Learnt about Community Interests and Common Concerns

3 Outlook


Bibliography

Index