Research Handbook on Climate Change, Migration and the Law
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Research Handbook on Climate Change, Migration and the Law

Edited by Benoît Mayer and François Crépeau

This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.
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Chapter 20: Towards a climate change displacement facility

Ilona Millar and Kylie Wilson

Abstract

In recent years, the issue of climate change-induced human displacement has been a topic of considerable legal scholarship. However, many proposals to address the problem have been criticized on the basis that international refugee law or a new rights-based international legal framework would not be well suited to respond to the particular displacement challenges associated with climate change. Meanwhile, within the international negotiations for a post-2020 climate change treaty, developing countries have proposed a dedicated climate change displacement facility. Although such a facility was not established as part of the Paris Agreement adopted by the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in December 2015, climate change displacement has been included as part of the work program of the Warsaw International Mechanism for Loss and Damage Associated with Climate Change Impacts (Warsaw International Mechanism). This chapter argues that, building on the work of the Warsaw International Mechanism, the proposal for a climate change displacement facility under the UNFCCC provides a politically feasible, short- to medium-term international response to an issue that is unable to garner traction in other legal fora. This chapter also explores the potential mandate, functions and sources of funding for such a facility.

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