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

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

Author: Michael B. Gerrard; Gregory E. Wannier
Publisher: Cambridge University Press
ISBN: 9781107438606

Published In: January 2015
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781107025769

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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.

Part I. Introduction:

1. Introduction Michael B. Gerrard and Gregory E. Wannier

2. Sea level rise in a changing climate Mary-Elena Carr, Madeleine Rubenstein, Alice Graff and Diego Villareal

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

4. The nation ex-situ Maxine Burkett

5. Introducing the law of the sea and the legal implications of rising sea levels Ann Powers

6. Options to secure maritime jurisdictional claims in the face of global sea level rise Clive Schofield and David Freestone

7. Sea level rise and maritime zones: preserving the maritime entitlements of 'disappearing' states Rosemary Rayfuse

Part III. Resettlement Protections and Proposed Solutions:

8. Human rights and climate change: reflections on international legal issues and potential policy relevance Siobhan McInerney-Lankford

9. Refugee and human rights protections for climate migrants in the international system Michele Klein Solomon and Koko Warner

10. 'In the face of looming catastrophe': a treaty for climate change displaced persons and its discontents David Hodgkinson and Lucy Young

11. The national immigration policy options: limits and potential Katrina Wyman

12. Domestic law for resettlement of persons displaced by climate change Leslie Stein

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 Werksman

12. Making good the loss: an assessment of the loss and damage mechanism under the UNFCCC process Ilona Millar, Catherine Gascoigne and Elizabeth Caldwell

13. Ocean acidification: international legal avenues under the UN convention on the law of the sea Dean Bialek

14. Securing planetary life sources for future generations: legal actions deriving from the ancient sovereign trust obligation Mary Christina Wood, Stephen Leonard, Nicola Peart and Daniel Bart

15. Transboundary climate challenge to coal: one small step against dirty energy, one giant leap for climate justice Maketo Robert, Leonito Bacalando, Jasper Teulings, Kristin Casper, Jan Srytr and Kristina Sabova.