This article explores alternative ways that legal and normative frameworks can be used to uphold the rights of those who are displaced internally or across borders in the context of anthropogenic climate change. In particular, we argue that more efforts should be focused on developing soft law rather than trying to fit those displaced because of the effects of climate change into existing legal frameworks. The present hard law system governing the movement of people is not equipped to handle the complexities of population movements resulting from the effects of climate change, and an adequate transformation of these often static legal regimes is improbable. By contrast, soft law offers a number of advantages particularly well suited to the characteristics of those who move because of the effects of climate change and who currently fall into the gaps between protection frameworks. On the downside, soft law norms are not binding and the multiplicity of such initiatives may contribute to a fragmentation of protection systems, resources and attention. Therefore, the present article concludes by arguing for a two-track approach in which both soft and hard law contributes to the protection of those displaced in the context of climate change. On the one hand, in order to address some of the current protection gaps, existing, emergent and new soft law needs to be used and implemented more thoroughly. At the same time, ways forward also include encouraging the more effective and dynamic implementation of hard law, especially through regionalization, complementary protection and the deployment of some features of emerging climate change regimes.
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Elizabeth Ferris and Jonas Bergmann
Edited by Jeanette Schade and Dimitra Manou
Alan D. Hemmings, Klaus Dodds and Peder Roberts
Edited by Klaus Dodds, Alan D. Hemmings and Peder Roberts
Chapter 1 scrutinizes the case study of the primary ‘ecoterrorist’ group protecting animals: the Animal Liberation Front (ALF). It sets out a brief history of animal welfare groups, the Hunt Saboteur protest group and the radical environmental group Band of Mercy that predated the ALF, as well as a biography of the group’s charismatic leader Ronnie Lee. The chapter describes the birth of the ALF both in the UK and the USA. It goes on to critically analyse both the ALF’s underlying philosophy and the development of a radical animal rights philosophy that underpinned ALF actions.
General principles of international environmental law provide the theoretical foundation for the development of normative frameworks in international law. In the waste management context, five general principles are particularly relevant: the principle of permanent sovereignty over natural resources and the duty not to cause transboundary harm; the principle of preventive action; the corresponding principle of cooperation; the principle of sustainable development; and the precautionary principle. Operationalization of these principles in the waste context has led to the development of new principles, such as those of self-sufficiency, proximity, waste minimization, environmentally sound management and prior informed consent, all of which are further operationalized in the detailed rules set out in the Basel Convention and other treaties dealing with waste management. This chapter examines the interpretation and application of these general principles and the role they have played in the development of the international legal regime for the management and transboundary movement of waste.
Andreas R. Ziegler, Katharina Kummer Peiry and Jorun Baumgartner
Edited by Katharina Kummer Peiry, Andreas R. Ziegler and Jorun Baumgartner
No simple adjustment in international law can provide an adequate response to the issues raised by the current debates on “climate migration.” Yet, these discussions could stress the need for structural reforms in global governance in a growingly interdependent world. This introduction presents an overview of the central themes of this book. It introduces the main methodologies and theoretical frameworks that form the general background for the following analysis.