Environmental / Energy Law International Law

Climate Change and People on the Move: International Law and Justice

By Fanny Thornton
Oxford University Press November 2018

Specifications

ISBN-13
9780198824817
Publisher
Oxford University Press
Publication
November 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book applies a justice framework to analysis of the actual and potential role of international law with respect to people on the move in the context of anthropogenic climate change.

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Corrective and distributive justice provide the analytical backbone, and are explored in a substantial theoretical chapter and then applied to subsequent contextual analysis. Corrective justice supports analysis as to whether people movement in the climate change context could be conceived or framed as harm, loss, or damage which is compensable under international law, either through fault-centred regimes or no-fault regimes (i.e. insurance).

Distributive justice supports analysis as to whether such movement could be conceived or framed as a disproportionate burden, either for those faced with movement or those faced with sheltering people on the move, from which duties of re-distribution may stem.

This book contributes to the growing scholarship and analysis concerning international law or governance and people movement in response to the impacts of climate change by investigating the bounds of the law where the phenomenon is viewed as one of (in)justice.

Table of Contents

1: Introduction
2: People Movement in the Climate Change Context: Utility and Complexity
3: People Movement in the Climate Change Context and International Law: Disciplinary Boundaries
4: Why Justice? What Justice?
5: Corrective Justice: 'Pure'
6: Corrective Justice: 'Rough'
7: Distributive Justice: Costs
8: Distributive Justice: Shelter
9: Conclusion
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