Climate change, human displacement, international law and justice
Date
2014
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Thornton, Fanny
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The thesis investigates how a justice framework is relevant to analysis of the role of international law in relation to climate change-induced human displacement. In particular, through the application of a justice framework, questions of responsibility will be explored. It will be argued that such a lens alters conceptualisations of the role international law may play, or should play, in relation to the phenomenon. Specific justice theories selected are corrective and distributive justice, which will be explored in a substantial theoretical chapter forming the analytical backbone of the thesis. The theories then inform the more contextualised analysis about the role of international law in relation to climate change-induced displacement. Corrective justice permits analysis of whether climate change-induced displacement, or the livelihood impacts that precede it, could be conceived as (wrongful) damage or harm which is compensable under international law, either through fault-based regimes or no-fault regimes (i.e. insurance). Distributive justice permits analysis of whether climate change-induced displacement could potentially be framed as an undeserved and disproportionate burden which stipulates international action to rebalance it, through distributing either costs or burdens. The thesis hopes to contribute to the growing scholarship concerning international law and climate change-induced displacement by investigating the bounds of the law where the phenomenon is viewed as one of responsibility and of justice.
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Thesis (PhD)
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