Climate Change Damage and International Law

Verheyen, Roda

doi:10.1163/9789047427407

Cited by 54 publications

(4 citation statements)

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“…This is because the ocean around Antarctica is warming and the ice sheet is thinning and retreating rapidly where these warm water currents are moving onto the continental shelf and under the ice shelves (Naish 2017). Some scholars have gone further in stating that 'the magnitude of risk resulting from substantial temperature rise such as the shut-down of the thermohaline circulation or the melt-down of the West Antarctic Ice Sheet, releasing enough water to raise sea level by 6 m, is certainly comparable to the risk of damage caused by nuclear or space accidents' (Verheyen et al 2005).…”

Section: Climate Change In Antarctica and Consequences For Antarctic ...mentioning

confidence: 99%

International law, climate change and the Antarctic Treaty System: re-contemplating governance questions apropos of the mounting challenges

Madani,

Shibata

2023

Antarctic Science

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More than 60 years since it entered into force in 1961, the Antarctic Treaty is experiencing significant challenges. These challenges also affect its associated instruments known as the Antarctic Treaty System (ATS). These are mostly external dynamics that are increasingly challenging the ATS from outside of the Antarctic region. They encompass a spectrum of issues relating to global legal regimes and to what extent they are applicable in the Antarctic context. Climate change appears to be the most significant of these challenges, as the tangible planetary impacts of global warming and the perception of its urgency and seriousness by states have prompted additional challenges to the ATS. The physical changes that continue to be scientifically unveiled in the Antarctic are manifesting severe impacts on a planetary scale, and this fact has underscored the need for broader and more rapid international engagement within the Antarctic governance discourse. Nevertheless, the existing decision-making mechanisms compounded by the adversarial atmosphere within the ATS due to external factors have become challenges of themselves. Such challenges call for the re-contemplation and reassessment of the legal regime of the Antarctic in general, and the ATS in particular, to find ways forward for an otherwise historically effective international legal system. This paper utilizes both scientific and legal lenses to underscore the urgent need to achieve better communication between the ATS generally, the Antarctic Treaty Consultative Meetings specifically and the UN Framework Convention on Climate Change and Intergovernmental Panel on Climate Change regimes and to overcome the multiple barriers that stand in the way of achieving that objective.

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Section: Climate Change In Antarctica and Consequences For Antarctic ...mentioning

confidence: 99%

International law, climate change and the Antarctic Treaty System: re-contemplating governance questions apropos of the mounting challenges

Madani,

Shibata

2023

Antarctic Science

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“…In the last decade or so, various terms have been used in the media, on social networks, in political speeches, but also in scientific papers and official documents of states and international organisations to refer to individuals and groups of people leaving their homes and places of residence due to catastrophic climate events that have already occurred or are imminent. These various terms include "climate refugees" 47 , "climate migrants" 48 , "environmental refugees" 49 , "environmental migrants" ("eco-migrants") 50 , "survival migrants" 51 , or compound words such as "climate-change refugees" 52 migrants") 53 , "climate change-related migration" 54 , "environmentally displaced persons" 55 (or "environmentally related displacement" 56 ), "victims of environmental harm" 57 , and even terms like "persons displaced by climate change" 58 , "persons displaced by the environment" 59 , "people displaced by climate change" 60 , "trapped populations" 61 and "forced climate migrants" 62 . Some terms place emphasis on the area affected by the climate threat, such as "low-lying people" 63 , "disappearing states or sinking states" 64 .…”

Section: The Problem Of Non-uniform Terminologymentioning

confidence: 99%

In Support of the Debate on the Terminology Related to the Terms Climate Refugees, Climate Migrants, Environmentally Displaced Persons and Similar Terms

Lulić,

Muhvić,

Rešetar Čulo

2023

EU and Comparative Law Issues and Challenges Series

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The paper deals with the terminological issues concerning the growing phenomenon of people fleeing their homes and states because they can no longer live normal lives or any lives at all due to the impact of climate change. This is particularly the case in poor coastal and small island states due to rising sea levels. To date, various terms are used in the scientific literature to describe these people, such as climate refugees, climate migrants, environmentally displaced persons, ecological migrants or eco-migrants, climate induced migrants, seasonal migrants, low-lying peoples, forced climate migrants, climate change-related migrants, survival refugees, etc. These terms are also often used in reports by international governmental and non-governmental organisations, in political speeches and texts, in the media, on social networks, by activists, etc. Since there is no academic and political consensus on the appropriate term, there is also no generally accepted consensus on what exactly constitutes this category of vulnerable people. The paper provides an analysis of existing (proposed) terms and concepts and warns that some of them are ill-suited, misleading, inaccurate, and/or do not comply with (international) law and official legal terminology. This is particularly true for the term climate refugees, as the term refugee under the 1951 Refugee Convention and its 1967 Protocol does not include displacement caused by environmental factors. Without uniform terms, definitions of concepts and clearly stated rights in international and national legal systems, these multi-million groups of people cannot benefit from appropriate and effective legal protection. Based on a critical analysis of the elements of the most commonly used terms and concepts, the paper proposes to discard some of them and advocates for the legally and politically most acceptable solution.

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“…Mitigation will reduce the pressure on nature and humans from climate change, which will allow more time for adaptation, on the other hand, adaptation has the potential to limit the detrimental effects of climate change, but will not prevent all the damage [53]. However, Adaptation mitigation can be defined as the prevention of direct damage, while mitigation is the prevention of indirect damage [54]. Therefore, climate change mitigation can be done by managing the mangrove ecosystem properly so that the density, diversity, and density of mangroves are in a very high category.…”

Section: Adaptation Program In Mangrove Ecosystem Managementmentioning

confidence: 99%

Mitigation and adaptation to climate change through sustainable mangrove management on the coast of Rembang Regency

Sutanto

Susilowati

Iskandar

et al. 2022

IOP Conf. Ser.: Earth Environ. Sci.

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Climate change is very influential on the mangrove ecosystem. Adaptation and mitigation are urgent needs to minimize the impact of climate change. This study aims to analyze the sustainable management of mangroves in mitigating and adapting to climate change. This research uses a descriptive qualitative approach. The results showed that most of the community stated that the condition of the mangroves on the coast of Rembang Regency was in good condition, but in general the community had not been fully involved in Mangrove management. In mangrove ecosystems management, active community involvement is needed to maintain its sustainability. Good mangrove conditions can mitigate climate change. To adapt climate change can be done with programs that can maintain mangrove ecosystems such as using environmentally friendly fishing gear, not cutting down mangroves, developing ecotourism, and maintaining local wisdom

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Climate Change Damage and International Law

Cited by 54 publications

References 0 publications

International law, climate change and the Antarctic Treaty System: re-contemplating governance questions apropos of the mounting challenges

International law, climate change and the Antarctic Treaty System: re-contemplating governance questions apropos of the mounting challenges

In Support of the Debate on the Terminology Related to the Terms Climate Refugees, Climate Migrants, Environmentally Displaced Persons and Similar Terms

Mitigation and adaptation to climate change through sustainable mangrove management on the coast of Rembang Regency

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