Environmental / Energy Law

Threatened Island Nations Legal Implications of Rising Seas and a Changing Climate

Edited by Michael B. Gerrard · Gregory E. Wannier
Cambridge University Press March 2013

Specifications

ISBN-13
9781107025769
Publisher
Cambridge University Press
Publication
March 2013
Format
Hardback , 666 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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.

• The first book to address the legal issues faced by island nations whose existence is threatened by sea level rise

• Proposes novel legal solutions to new problems

• Aimed specifically at small island nations, but concepts and legal doctrines also apply to larger countries that are facing threats from climate change

Table of Contents

Contributors
ix
Preface and Acknowledgments
xvii
Part I:   Introduction
 
1         Overview
Gregory E. Wannier and Michael B. Gerrard
3
2         Sea Level Rise in a Changing Climate: What Do We Know?
Mary-Elena Carr, Madeleine Rubenstein, Alice Graff, and Diego Villarreal
15
Part II:  Sovereignty and Territorial Concerns
 
3         When Do States Disappear?: Thresholds of Effective Statehood and the Continued Recognition of “Deterritorialized” Island States
Jenny Grote Stoutenburg
57
4         The Nation Ex-Situ
Maxine A. Burkett
89
5         Introducing the Law of the Sea and the Legal Implications of Rising Sea Levels
Ann Powers and Christopher Stucko
123
6         Options to Protect Coastlines and Secure Maritime Jurisdictional Claims in the Face of Global Sea Level Rise
Clive Schofield and David Freestone
141
7         Sea Level Rise and Maritime Zones: Preserving the Maritime Entitlements of “Disappearing” States
Rosemary Rayfuse
167
Part III: Resettlement Protections and Proposed Solutions
 
8         Human Rights and Climate Change: Reflections on International Legal Issues and Potential Policy Relevance
Siobhán McInerney-Lankford
195
9         Protection of Persons Displaced as a Result of Climate Change: Existing Tools and Emerging Frameworks
Michele Klein Solomon and Koko Warner
243
10        “In the Face of Looming Catastrophe”: A Convention for Climate-Change-Displaced Persons
David Hodgkinson and Lucy Young
299
11        The National Immigration Policy Option: Limits and Potential
Katrina M. Wyman
337
12        Domestic Law for Resettlement of Persons Displaced by Climate Change
Leslie A. Stein
369
Part IV:  Establishing Accountability
 
13        Could a Small Island Successfully Sue a Big Emitter?: Pursuing a Legal Theory and a Venue for Climate Justice
Jacob David Werksman
409
14        Making Good the Loss: An Assessment of the Loss and Damage Mechanism under the UNFCCC Process
Ilona Millar, Catherine Gascoigne, and Elizabeth Caldwell
433
15        Ocean Acidification: International Legal Avenues under the UN Convention on the Law of the Sea
Dean Bialek and Judah Ariel
473
16        Securing Planetary Life Sources for Future Generations: Legal Actions Deriving from the Ancient Sovereign Trust Obligation
Mary Christina Wood, Stephen Leonard, Daniel Bartz, and Nicola Peart
531
17        Transboundary Climate Challenge to Coal: One Small Step against Dirty Energy, One Giant Leap for Climate Justice
Maketo Robert, Leonito (Jun) Bacalando Jr., Jasper Teulings, Kristin Casper, Jan Šrytr, and Kristína Šabová
589
Index
627

About the Author

Michael B. Gerrard
Columbia Law School

Gregory E. Wannier
U.S. District Court for the Central District of California

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