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Given the degraded profile of the refugee in contemporary discourse, it is tempting to seek alternatives from a rich tradition of literary tropes of exile. However, this article argues that the romanticized figure of the literary exile ends up denying, albeit in positive terms, a genuine refugee voice, as much as the current impersonal hegemonic concept of the refugee as found in law. Ultimately, the spell in which refugees find themselves trapped today can be broken only by opening up a space of politics in which the refugee herself can be heard. ; Étant donné le profil dégradé des réfugiés(e)s qui existe au sein du discours contemporain, la tentation de trouver d'autres possibilités d'approche à partir d'une riche tradition de figures littéraires de l'exil s'impose. Cet article maintient, cependant, que la figure romantique littéraire de l'exil aboutit, bien qu'en termes positifs, à un reniement de la voix authentique des réfugié(e)s, au même titre que la conception hégémonique et impersonnelle des réfugié(e) s que l'on trouve actuellement dans la législation. En fin de compte, le sort qui tient les réfugié(e)s prisonniers ne peut être brisé que par la création d'un espace dans la dimension politique qui puisse donner voix aux réfugié(e) s eux-mêmes.

Anne McNevin's book provides a valuable contribution to ongoing debates about the plight of irregular migrants in the context of neoliberal hegemony. It combines detailed analysis of contemporary movements that resist the ever-increasing controls over borders and movement, together with critical assessments of a range of contemporary theorists on the question. McNevin's central argument is that neoliberalism not only delineates the migrant subject in various ways, but also traps activists into replicating many harmful assumptions about 'deserving' versus 'undeserving' migrants. She further argues for a resurrection of the political subjectivity of migrant communities, by both exploiting the crisis engendered at the nexus of neoliberal economics and the sovereign subject, and resisting the framework set by those paradigms.

The last few years have witnessed a flurry of activity in global governance and international lawseeking to address the protection gaps for people fleeing the effects of climate change. This book discusses cutting-edge developments in law and policy on climate change and forced displacement, including theories and potential solutions, issues of governance, local and regional concerns, and future challenges. Chapters are written by a range of authors from academics to key figures in intergovernmental organisations, and offer detailed case studies of policy developments in the Americas, Europe, South-East Asia, and the Pacific. This is an ideal resource for graduate students and researchers from a range of disciplines, as well as policymakers working in environmental law, environmental governance, and refugee and migration law. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

The last few years have witnessed a flurry of activity in global governance and international lawseeking to address the protection gaps for people fleeing the effects of climate change. This book discusses cutting-edge developments in law and policy on climate change and forced displacement, including theories and potential solutions, issues of governance, local and regional concerns, and future challenges. Chapters are written by a range of authors from academics to key figures in intergovernmental organisations, and offer detailed case studies of policy developments in the Americas, Europe, South-East Asia, and the Pacific. This is an ideal resource for graduate students and researchers from a range of disciplines, as well as policymakers working in environmental law, environmental governance, and refugee and migration law. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

"Current estimates of the numbers of people who will be forced from their homes as a result of climate change by the middle of the century range from 50 to 200 million. Therefore, even the most optimistic projections envisage a crisis of migration that will dwarf any we have seen so far. And yet attempts to develop legal mechanisms to deal with this impending crisis have reached an impasse that shows little sign of being overcome. This is in spite of the rapidly growing academic study and policy development in the area of climate change generally. 'Climate Refugees': Beyond the Legal Impasse? addresses a fundamental gap in academic literature and policy making namely the legal no-mans land in which the issue of climate refugees currently resides. Past proposals for the regulation of climate-induced migration are evaluated, inter alia by their original authors, and the volume also looks at current attempts to regulate climate-induced migration, including by officials from the International Organization for Migration (IOM), the office of the United nation's High Commissioner for Refugees (UNHCR) and the Platform on Displacement Disaster (PDD). Bringing together experts from a variety of academic fields, as well as officials from leading international organisations, this book will be of great interest to students and researchers of Environmental Law, Refugee Law, Human Rights Law, Environmental Studies and International Relations. "--Provided by publisher.

In contrast to the claim that refugee law has been a key in guaranteeing a space of protection for refugees, this book argues that law has been instrumental in eliminating spaces of protection, not just from one's persecutors but also from the grasp of sovereign power. By uncovering certain fundamental aspects of asylum as practised in the past and in present day social movements, namely its concern with defining space rather than people and its role as a space of resistance or otherness to sovereign law, this book demonstrates that asylum has historically been antagonistic to law and vice versa. In contrast, twentieth-century refugee law was constructed precisely to ensure the effective management and control over the movements of forced migrants. To illustrate the complex ways in which these two paradigms – asylum and refugee law – interact with one another, this book examines their historical development and concludes with in-depth studies of the Sanctuary Movement in the United States and the Sans-Papiers of France.The book will appeal to researchers and students of refugee law and refugee studies; legal and political philosophy; ancient, medieval and modern legal history; and sociology of political movements.

One of the most significant impacts of climate change is migration. Yet, to date, climate-induced migrants are falling within what has been defined by some as a 'protection gap'. This book addresses this issue, first by identifying precisely where the gap exists, by reviewing the relevant legal tools that are available for those who are currently, and who will in the future be displaced because of climate change. The authors then address the relevant actors; the identity of those deserving protection (displaced individuals), as well as other bearers of rights (migration-hosting states) and obligations (polluting states) The authors also address head-on the contentious topic of definitions, concluding with the provocative assertion that the term 'climate refugees' is indeed correct and should be relied upon. The second part of the book looks to the future by advocating specific legal and institutional pathways. Notably, the authors support the use of international environmental law as the most adequate and suitable regime for the regulation of climate refugees. With respect to the role of institutions, the authors propose a model of 'cross-governance', through which a more inclusive and multi-faceted protection regime could be achieved. Addressing the regulation of climate refugees through a unique collaboration between a refugee lawyer and an environmental lawyer, this book will be of great interest to scholars and professionals in fields including international law, environmental studies, refugee studies and international relations.