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The Oxford Handbook of International Climate Change Law edited by Carlarne, Cinnamon P; Gray, Kevin R; Tarasofsky, Richard (24th March 2016)

Part VI Living with Climate Change and Climate Change Adaptation Measures, Ch.23 Climate Change-related Displacement of Persons

Jane McAdam

From: The Oxford Handbook of International Climate Change Law

Edited By: Cinnamon P. Carlarne, Kevin R. Gray, Richard Tarasofsky

Subject(s):
Human rights remedies — Non-discrimination — Climate change — Environmental disputes — Pollution

This chapter examines the scope of existing international law to address ‘climate change-related displacement’, a term used to describe movement where the impacts of climate change affect mobility decisions in some way. It looks into the role of international refugee law, human rights law, and the law on statelessness in protecting people displaced by the impacts of climate change. The extent to which international law and international institutions respond to climate change-related movement and displacement depends upon: whether such movement is perceived as voluntary or forced; the nature of the trigger; whether international borders are crossed; the extent to which there are political incentives to characterize movement as linked to climate change or not; and whether movement is driven or aggravated by human factors, such as discrimination. The chapter also considers the extent to which existing principles on internal displacement provide normative and practical guidance.

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