9781139198776 (ebook) 9781107025769 (hardback) 9781107438606 (paperback)
Rising seas are endangering the habitability and very existence of several small island nations, mostly in the Pacific and Indian oceans. This is the first book to focus on the myriad legal issues posed by this tragic situation: if a nation is under water, is it still a state? Does it still have a seat at the United Nations? What becomes of its exclusive economic zone, the basis for its fishing rights? What obligations do other nations have to take in the displaced populations, and what are these peoples' rights and legal status once they arrive? Should there be a new international agreement on climate-displaced populations? Do these nations and their citizens have any legal recourse for compensation? Are there any courts that will hear their claims, and based on what theories? Leading legal scholars from around the world address these novel questions and propose answers.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
Sea level rise in a changing climate: what do we know? / Mary-Elena Carr [and others] When do states disappear? : Thresholds of effective statehood and the continued recognition of "deterritorialized" island states / Jenny Grote Stoutenburg The nation ex-situ / Maxine A. Burkett Introducing the law of the sea and the legal implications of rising sea levels / Ann Powers and Christopher Stucko Options to protect coastlines and secure maritime jurisdictional claims in the face of global sea level rise / Clive Schofield and David Freestone Sea level rise and maritime zones : preserving the maritime entitlements of 'disappearing' states / Rosemary Rayfuse Human rights and climate change : reflections on international legal issues and potential policy relevance / Siobhán McInerney-Lankford Protection of persons displaced as a result of climate change: existing tools and emerging frameworks / Michele Klein Solomon and Koko Warner "In the face of looming catastrophe" : a convention for climate-change-displaced persons / David Hodgkinson and Lucy Young The national immigration policy options : limits and potential / Katrina M. Wyman Domestic law for resettlement of persons displaced by climate change / Leslie A. Stein Could a small island successfully sue a big emitter? : Pursuing a legal theory and a venue for climate justice / Jacob David Werksman Making good the loss : an assessment of the loss and damage mechanism under the UNFCCC process / Ilona Millar, Catherine Gascoigne, and Elizabeth Caldwell Ocean acidification : international legal avenues under the UN Convention on the Law of the Sea / Dean Bialek and Judah Ariel Securing planetary life sources for future generations : legal actions deriving from the ancient sovereign trust obligation / Mary Christina Wood [and others] Transboundary climate challenge to coal : one small step against dirty energy, one giant leap for climate justice / Maketo Robert [and others].