Suchergebnisse

The implementation of the sustainable development principle of integration implies that economic laws should not be designed solely for the purpose of maximizing financial profits, but also with the object of improving human well-being, and addressing social and environmental concerns. International organizations, in which international treaties are being negotiated and created, will have to support this type of cross-disciplinary approach. International institutions, however, were not originally designed to cope with such a cross-disciplinary effort. Rather, most international institutions have emerged in line with the premise of 'functionalism', according to which their role is limited to supplying specialized services, usually as a solution for emerging needs and as a result of historical events. These specialized institutions have thus emerged with little coordination or common planning and have resulted in a global structure that has been referred to as an 'accident of history'. The role that international organizations should and do fulfil with respect to the implementation of the principle of integration is reviewed in this paper. This paper concentrates on trade and investment organizations (the World Trade Organization and the Energy Charter Treaty); it reviews the channels through which non-trade/investment considerations may, or may not, penetrate the decision-making processes of these organizations; the ways these International organizations engage with interdisciplinary issues and how the objectives of other institutions are reflected in their work. Adapted from the source document.

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.

Overcoming the legal impasse? Setting the scene / Simon Behrman and Avidan Kent -- 'Climate refugees': a legal mapping exercise / Jolanda van der Vliet -- A new category of refugees? 'Climate refugees' and a gaping hole in international law / Sumudu Anopama Atapattu -- Norm formalization in international policy cooperation: a framework for analysis / Elin Jakobsson -- Justice and climate migration: the importance of nomenclature in the discourse on twenty-first-century mobility / Maxine Burkett -- Who are climate refugees? Academic engagement in the post-truth era / Benoit Mayer -- Advancing the global governance of climate migration through the United Nations Framework Convention on Climate Change and the Global Compact on Migration: perspectives from the International Organization for Migration / Mariam Traore Chazalnoel and Dina Ionesco -- Enhancing legal protection for people displaced in the context of disasters and climate change: challenges and opportunities / Madeline Garlick, Marine Franck and Erica Bower -- State-led, regional, consultative processes: opportunities to develop legal frameworks on disaster displacement / Platform on Disaster Displacement (PDD) -- Drawing upon international refugee law: the precautionary approach to protecting climate change-displaced persons / Jenny Poon -- Public international law's applicability to migration as adaptation: fit for purpose? / Thekli Anastasiou -- Climate migrants' right to enjoy their culture / Margaretha Wewerinke-Singh -- Beyond the shortcomings of international law: a proposal for the legal protection of climate migrants / Beatriz Felipe Pérez -- Towards an international legal status of environmentally displaced persons / Michel Prieur -- Cross-border displacement due to environmental disaster: a proposal for UN Guiding Principles to fill the legal protection gap / Camilla Schloss -- Global governance to protect future climate refugees / Frank Biermann.

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.

Cover -- Half title -- Title page -- Copyright page -- Table of contents -- Acknowledgements -- List of acronyms -- Introduction -- I. A problem that cannot be ignored -- II. The potential for solutions -- 1 Defining the 'legal hole' -- I. Introduction -- II. Mapping the legal framework -- III. Analysing the legal framework -- IV. The way forward -- V. Obstacles on the way to effective regulation -- VI. Conclusion -- 2 Why 'climate refugees'? -- I. Introduction -- II. The refugee definition: an evolving concept -- III. Addressing the 'why not' arguments -- IV. How to identify the relationship between climate change and forced migration? -- V. Will states accept a new category of climate refugee? -- VI. Conclusion -- 3 Climate-induced migration and international environmental law -- I. Introduction -- II. Why environmental law? Three key factors/elements -- III. Approaching climatr-induced migration: beyond the environmental regime -- IV. Conclusion -- 4 Filling the institutional gap -- I. Introduction -- II. The lead agencies: UNHCR and IOM -- III. Remedying the institutional gap -- IV. Conclusion -- Conclusion: cautious optimism? -- I. Final observations -- II. Future research agenda -- Selected bibliography -- Index

The end of World War II marked the beginning of a new golden era in international law. Treaties and international organisations proliferated at an unprecedented rate, and many courts and tribunals were established with a view to ensuring the smooth operation of this new universe of international relations. The network of courts and tribunals that exists today is an important feature of our global society. It serves as an alternative to other, sometimes more violent, forms of dispute settlement. The process of international adjudication is constantly evolving, sometimes in unexpected ways. Through contributions from world-renowned experts and emerging voices, this book considers the future of international courts from a diverse range of perspectives. It examines some of the regional, institutional and procedural challenges that international courts face: the rising influence of powerful states, the turn to populism, the interplay between courts, the involvement of non-state actors and third parties in international proceedings, and more. The book offers a timely discussion of these challenges, with the future of several international courts hanging in the balance and the legitimacy of international adjudication being called constantly into question. It should also serve as a reminder of the importance of international courts for the functioning of a rules-based international order.

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.

Public participation in international investment law : setting the scene / Avidan Kent, Tarcisio Gazzini and Eric De Brabandere -- Exploring the legal framework for international investment / Yenkong Ngangjoh Hodu -- Public participation and international investment law : towards a new settlement? / Lorenzo Cotula -- The evolving concept of public participation : from Rio to Mauritius / Avidan Kent -- Public participation in investment treaty making / Chrysoula Mavromati and Sarah Spottiswood -- How to ensure public participation in FTA negotiations? A critical analysis of the instruments used in the FTA-making process / Maria Laura Marceddu -- Contractualisation of human rights and public participation : challenges and prospects / Youseph Farah and Valentine Olusola Kunuji -- Public participation and the adoption of investment codes : observation of the mixed practice from Tanzania / Chris Maina Peter and Saudin Jacob Mwakaje -- Parliamentary scrutiny over investment projects : the case of Tanzania's natural resources regulatory reform / Elena Cima -- The principle of indigenous consultation as a Latin American regional custom / Francesco Seatzu -- Public participation in environmental impact assessments for foreign investment projects : a Canadian perspective / David A Collins -- Investment projects and conflict : the two faces of Janus / Franz Zubieta Mariscal -- Public participation in arbitral proceedings / Sondra Faccio -- Third party intervention at the proposed multilateral investment court / Farouk El-Hosseny -- Back into the shadows? Public participation in the peaceful settlement of investment disputes through non-arbitral means / Esmé Shirlow -- Politics of public participation in investment arbitration / Sophie Nappert and Nataliia Tuzheliak -- Conclusions / Tarcisio Gazzini, Avidan Kent and Eric De Brabandere.