Sébastien Jodoin, Ling Chen and Carolina Gueiros
This chapter addresses the purposes and effects of flexibility in the field of transnational environmental law. We begin by outlining the origins, concept, and manifestations of flexibility in environmental law, and then discuss its potential as well as its drawbacks for addressing transnational environmental problems. On the one hand, flexibility can be seen as a practice that enhances the legitimacy and compliance pull of transnational environmental governance and provides opportunities for necessary forms of experimentation, learning, reflexivity and adjustment. On the other hand, flexibility can be seen as undermining the predictability, certainty, and binding character of transnational environmental law, engendering fragmentation and generating inefficiencies. Next, we provide a nuanced assessment of the vices and virtues of flexibility in the context of the transnational legal process for REDD+. In doing so, we consider the complex interactions between the development and implementation of legal norms and practices across the transnational, national, and local levels as well as between public and private forms of governance and the extent to which they have enhanced or undermined the effectiveness of REDD+.
Sébastien Jodoin, Kathryn Hansen and Caylee Hong
This chapter analyses responses to climate change and their impacts on the human rights of displaced populations. As such, this chapter will chiefly examine issues of internal displacement and forced evictions, to be distinguished from the larger concern of climate-induced migration and debates about a possible concept of climate ‘refugees’. Section 2 reviews the risks of displacement associated with three diverse types of responses to climate change: first, displacement due to the Site C Clean Energy Project, a dam and hydroelectric generating station in northern British Columbia (BC), Canada; second, forced evictions in the Cherangani Hills, Kenya resulting from the implementation of REDD+ initiatives; and third, planned relocation programmes in the Republic of Maldives (Maldives) developed to adapt to extreme weather events like tsunamis. Section 3 discusses the legal parameters of forced evictions in international human rights law. Section 4 concludes by setting out how a rights-based approach may assist in creating responses to climate change that are rooted in international human rights norms.