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Atoll Island States and International Law

Atoll Island States and International Law
Author: Lilian Yamamoto
Publisher: Springer Science & Business Media
Total Pages: 318
Release: 2013-10-25
Genre: Law
ISBN: 3642381863

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Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.


Disappearing Island States in International Law

Disappearing Island States in International Law
Author: Jenny Grote Stoutenburg
Publisher: BRILL
Total Pages: 504
Release: 2015-07-28
Genre: Law
ISBN: 9004303014

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Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.


Small Island States & International Law

Small Island States & International Law
Author: Carolin König
Publisher: Taylor & Francis
Total Pages: 289
Release: 2022-12-30
Genre: Law
ISBN: 1000812057

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What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.


The Right of Self-Determination in the Context of Climate Change

The Right of Self-Determination in the Context of Climate Change
Author: Mara Alin Brinker
Publisher: GRIN Verlag
Total Pages: 73
Release: 2020-12-21
Genre: Law
ISBN: 334631720X

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Master's Thesis from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 1,2, University of Heidelberg (Max-Planck-Institut für ausländisches öffentliches Recht und Völkerrecht), course: Master of International Law - Investment, Trade and Arbitration, language: English, abstract: What we only know from films and history, like the history of Atlantis from the ancient times, will become reality in the nearest future. In the South Pacific, one of the greatest inundations in the world's history threats including the loss of territory for various islands and, in the worst case, the loss of a whole Island State - of the low-lying coral atoll island State Kiribati. The question raises if there does not yet exist neither a migration plan nor an answer to the question, what happens with the State Kiribati when it will be inundated. The cause for that phenomenon is one of the very present problems in the world's discussion: the Climate Change. "Climate Change is one of the greatest challenges of our time, and climate-effected hazards have direct and irreversible consequences on people, property, business, financial systems, and state institutions worldwide." However, the phenomenon of the Climate Change is well-known nowadays, and material for discussion, the International Law offers only a few approaches and rarely solutions for the urgent threat. In this particular research project, it will be tried to resolve the question, how to define a State without territory if the territory will be inundated.


The Moral Standing of the State in International Politics

The Moral Standing of the State in International Politics
Author: Milla Emilia Vaha
Publisher: University of Wales Press
Total Pages: 200
Release: 2021-07-15
Genre: Philosophy
ISBN: 1786837889

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Kant’s moral and political philosophy has been important in developing ethical thinking in international relations. This study argues that his theory of the state is crucially important for understanding the moral agency of the state as it is discussed in contemporary debates. For Kant, it is argued that the state has not only duties but also, controversially, inalienable rights that ground its relationship to its citizens and to other states. Most importantly, the state – regardless of its governmental form or factual behaviour – has a right to exist as a state. The Kantian account provided, therefore, explores not only the moral agency but also the moral standing of the state, examining the status of different kinds of states in world politics and expectations towards their ethical behaviour. Every state has a moral standing that must be respected in a morally imperfect world gradually transforming towards the ideal condition of perpetual peace.


Brownlie's Principles of Public International Law

Brownlie's Principles of Public International Law
Author: James Crawford
Publisher: Oxford University Press, USA
Total Pages: 873
Release: 2019
Genre: LAW
ISBN: 0198737440

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Serving as a single volume introduction to the field as a whole, this ninth edition of Brownlie's Principles of International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level.


Small Island Developing States

Small Island Developing States
Author: Stefano Moncada
Publisher: Springer Nature
Total Pages: 390
Release: 2021-10-19
Genre: Law
ISBN: 3030827747

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This book explores how vulnerable and resilient communities from SIDS are affected by climate change; proposes and, where possible, evaluates adaptation activities; identifies factors capable of enhancing or inhibiting SIDS people’s long-term ability to deal with climate change; and critiques the discourses, vocabularies, and constructions around SIDS dealing with climate change. The contributions, written by well-established scholars, as well as emerging authors and practitioners, in the field, include conceptual papers, coherent methodological approaches, and case studies from the communities based in the Caribbean Sea and the Indian, Atlantic, and Pacific Oceans. In their introduction, the editors contextualise the book within the current literature. They emphasise the importance of stronger links between climate change science and policy in SIDS, both to increase effectiveness of policy and also boost scholarly enquiry in the context of whose communities are often excluded by mainstream research. This book is timely and appropriate, given the recent commission by the Intergovernmental Panel on Climate Change (IPCC) of a Special Report that aims at addressing vulnerabilities, “especially in islands and coastal areas, as well as the adaptation and policy development opportunities” following the Paris Agreement. Coupled with this, there is also the need to support the policy community with further scientific evidence on climate change–related issues in SIDS, accompanying the first years of implementation of the United Nations Sustainable Development Goals.


Statehood under Water

Statehood under Water
Author: Alejandra Torres Camprubí
Publisher: BRILL
Total Pages: 338
Release: 2016-07-21
Genre: Law
ISBN: 9004321616

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In Statehood under Water, Alejandra Torres Camprubí closely examines how sea-level rise and the Anthropocene challenge the different dimensions of statehood, and engages with the conceptual and policy innovations necessary to address the fight for continuity of low-lying Pacific Island States.


The Concept of Climate Migration

The Concept of Climate Migration
Author: Benoît Mayer
Publisher: Edward Elgar Publishing
Total Pages: 392
Release: 2016-11-25
Genre: Climatic changes
ISBN: 1786431734

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This timely book offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration. It identifies the essential angles on climate migration – the humanitarian narrative, the migration narrative and the climate change narrative – and assesses their prospects. The author contends that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. He discusses how the weaknesses of the concept of “climate migration” are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.