Lesson 7 Flashcards

1
Q

Climate Migration is About More Than Just Climate Change

A
  1. People don’t move just because of climate change. They move because they are poor, lack support, or their governments don’t help them.
  2. For example, when a flood destroys a home, richer people can rebuild or move easily, but poorer people often get stuck.
  3. Why It’s Important: We can’t solve climate migration without fixing big issues like poverty and unfair systems.

Bettini, G. (2017), Where Next? Climate Change, Migration, and the (Bio)politics of Adaptation. Global Policy, 8: 33-39 (7 pages).

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2
Q

The Stories About “Climate Refugees” Are Wrong

A
  • Some people say climate change will cause huge groups of “climate refugees” to come to other countries, but this is not true.
  • Most people move within their own countries, not across borders.
  • Migration happens because of many reasons (like war, money, and politics), not just climate change.
  • Example: People say the Syrian war was caused by drought. But the real reasons include bad politics and poverty.

Bettini, G. (2017), Where Next? Climate Change, Migration, and the (Bio)politics of Adaptation. Global Policy, 8: 33-39 (7 pages).

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3
Q

Migration as Adaptation to Climate Changes is Not Always Good

A
  • Some plans say migration is a way to “adapt” to climate change. For example:

If farming fails because of drought, people can move to cities for work.

The Problem:
* This puts the responsibility on poor people to fix their problems, instead of giving them help where they are.
* It doesn’t help the poorest people, who cannot afford to move.
* Many policies only allow temporary work migration, which benefits richer countries but doesn’t solve the migrants’ problems.

Bettini, G. (2017), Where Next? Climate Change, Migration, and the (Bio)politics of Adaptation. Global Policy, 8: 33-39 (7 pages).

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4
Q

A Better Idea: Climate Justice

A

Climate justice means recognizing that richer countries cause most of the climate change, but poorer countries suffer the most.
Instead of treating migration as a “problem,” we should focus on helping vulnerable people.
Richer countries can give money and resources to help communities adapt so they don’t have to migrate.

Bettini, G. (2017), Where Next? Climate Change, Migration, and the (Bio)politics of Adaptation. Global Policy, 8: 33-39 (7 pages).

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5
Q

Othering

A

Treating certain people or places as “different” or “lesser,” often justifying control or exclusion.

Diego Andreucci, Christos Zografos, Between improvement and sacrifice: Othering and the (bio)political ecology of climate change, Political Geography, Volume 92 (2022)

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6
Q

How Does Othering Work in Climate Change?

A

Sacrifice Zones: Some areas are treated as acceptable to exploit (e.g., for green energy projects like lithium mining).

Control of Vulnerable Populations: Groups are labeled as “needing improvement” or “at risk,” which allows governments to control or intervene.

Diego Andreucci, Christos Zografos, Between improvement and sacrifice: Othering and the (bio)political ecology of climate change, Political Geography, Volume 92 (2022)

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7
Q

Examples of Othering

A

Vulnerability Narratives: Framing certain populations as unable to cope with climate change ignores their agency and past resilience.

Green Energy Projects: Renewable energy developments often harm local communities in the name of global climate goals.

The Problem:

These practices continue colonial and capitalist patterns, benefiting the powerful while harming the vulnerable.

Conclusion:

To address climate change fairly, we must tackle these unequal power systems and prioritize justice and inclusion over exploitation.

Diego Andreucci, Christos Zografos, Between improvement and sacrifice: Othering and the (bio)political ecology of climate change, Political Geography, Volume 92 (2022)

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8
Q

Peter Ferguson; Discourses of Resilience in the Climate Security Debate What is it about

A

The article discusses resilience as a central concept in the climate security debate and identifies four main types of resilience: strategic, neoliberal, social, and ecological.

Peter Ferguson; Discourses of Resilience in the Climate Security Debate. Global Environmental Politics 2019;

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9
Q

Peter Furgeson’s resiliences

A

Resilience means a system’s ability to handle and recover from disruptions, like climate change impacts.

Strategic Resilience: Focuses on protecting national security and critical infrastructure. Often involves government and military planning.
**Neoliberal Resilience: **Emphasizes individual and market-based solutions, like insurance or financial instruments, but often leaves vulnerable populations at risk.

Social Resilience: Centers on empowering communities to reduce vulnerabilities through collective action and local solutions.

Ecological Resilience:
View: Ecosystems will face shocks, but maintaining their natural balance and adapting to changes can ensure survival.

Peter Ferguson; Discourses of Resilience in the Climate Security Debate. Global Environmental Politics 2019;

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10
Q

Why Climate Change as Security?

McDonald

A

Climate change is linked to security because it worsens existing challenges, such as conflicts over resources and threats to human livelihoods.

However, there is no agreement on whose security is threatened or the best way to respond.

McDonald M. Climate change and security: towards ecological security?

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11
Q

Different Views on Security:

McDonald

A

National Security: Focuses on protecting states from conflicts caused by climate change.

Human Security: Prioritizes protecting vulnerable populations from climate impacts.

Ecological Security: Highlights the need to protect ecosystems to ensure survival for all species and future generations.

McDonald M. Climate change and security: towards ecological security?

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12
Q

How to cope with climate changes due to McDonald

A

Ecological Security Approach:

Shifts focus from humans alone to include ecosystems.

Advocates for ecosystem resilience (the ability to adapt and maintain functions under stress).

Calls for mitigation (reducing greenhouse gas emissions) and cautious adaptation.

Challenges:

  • Balancing human needs with protecting the environment.
  • Making ecosystem protection a priority in global politics.

McDonald M. Climate change and security: towards ecological security?

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13
Q

Climate change impact on human rights

A

Climate change is one of the greatest threats to human rights.

It impacts basic rights like the right to life, health, housing, and food.

Lavanya Rajamani, ’31: Climate Change’ in D Moeckli, S Shah and S Sivakumaran eds. International Human Rights Law

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14
Q

Challenges with Climate Changes and Human Rights (law)

A

Paris Agreement

Only human rights mentioned in the preamble, not in the legal provisions.

Lavanya Rajamani, ’31: Climate Change’ in D Moeckli, S Shah and S Sivakumaran eds. International Human Rights Law

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15
Q

Legal obligations: Climate Changes

A

Paris Agreement
art. 7 (protect people and reduce volnurbelity to people)
art. 11, capacity building

Lavanya Rajamani, ’31: Climate Change’ in D Moeckli, S Shah and S Sivakumaran eds. International Human Rights Law

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16
Q

Climate Change and the Paris Agreement

A

Climate Change and the Paris Agreement
The Paris Agreement aims to limit global warming to below 2°C, with an ideal target of 1.5°C.

Countries must make national plans to reduce greenhouse gases, but there are no binding legal obligations to enforce these plans.

Current commitments are not enough to stop severe climate change impacts.

Alan Boyle, ‘Climate Change, the Paris Agreement and Human Rights’ (2018) 67 ICLQ, 759-777 (19 pages).

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17
Q

Human Rights in the Paris Agreement

A

Human rights are mentioned only in the Preamble, not in the main text.

The agreement says countries “should” consider human rights, which is weaker than saying they “must.”

There is no clear link between climate goals and legal human rights obligations.

Alan Boyle, ‘Climate Change, the Paris Agreement and Human Rights’ (2018) 67 ICLQ, 759-777 (19 pages).

18
Q

Climate Change Threatens Human Rights

A

Climate change impacts essential rights like life, health, food, water, housing, and the environment.

Vulnerable groups (e.g., indigenous peoples, children, those in sinking island nations) are most at risk.

Alan Boyle, ‘Climate Change, the Paris Agreement and Human Rights’ (2018) 67 ICLQ, 759-777 (19 pages).

19
Q

Challenges with Human Rights and Climate Change

A

The relationship between human rights and climate change is complex because:

Climate change is caused by many countries, making accountability difficult.

It’s unclear who is responsible for protecting people affected by climate change (e.g., sinking islands).

Alan Boyle, ‘Climate Change, the Paris Agreement and Human Rights’ (2018) 67 ICLQ, 759-777 (19 pages).

20
Q

What is the principle of non-refoulement?

A

Legal principle under international law that prohibits states from deporting individuals to places where they face risks of life-threatening harm, persecution, or inhumane treatment.

Jane McAdam, ‘Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-Refoulement’ (2020) AJIL 114:4, 708-725 (18 pages).

21
Q

What was the significance of the Ioane Teitiota case?

A

It marked the first recognition by the UN Human Rights Committee that climate change impacts could potentially trigger non-refoulement obligations, though the claim ultimately failed.

Jane McAdam, ‘Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-Refoulement’ (2020) AJIL 114:4, 708-725 (18 pages).

22
Q

Why does the Refugee Convention not cover climate change displacement?

A

The convention requires a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, which does not include climate change.

Jane McAdam, ‘Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-Refoulement’ (2020) AJIL 114:4, 708-725 (18 pages).

23
Q

How does human rights law provide broader protection than refugee law for climate migrants?

A

It prohibits removal to places where individuals face a real risk of life-threatening harm, torture, or cruel treatment, without requiring persecution.

Jane McAdam, ‘Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-Refoulement’ (2020) AJIL 114:4, 708-725 (18 pages).

24
Q

What evidentiary threshold did Ioane Teitiota fail to meet?

A

He could not prove a “real, personal, and reasonably foreseeable risk” of harm from environmental degradation in Kiribati at the time of his claim.

Jane McAdam, ‘Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-Refoulement’ (2020) AJIL 114:4, 708-725 (18 pages).

25
Q

Global Compact for Migration

A

A UN framework that addresses migration issues, including commitments to protect people displaced by climate change through measures like visas, humanitarian aid, and planned relocation. (2018)

Jane McAdam, ‘Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-Refoulement’ (2020) AJIL 114:4, 708-725 (18 pages).

26
Q

What are criticisms of the current legal approach to climate displacement?

A

High thresholds for proving harm and reliance on speculative mitigation measures delay protection until risks become imminent.

Jane McAdam, ‘Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-Refoulement’ (2020) AJIL 114:4, 708-725 (18 pages).

27
Q

What role do international policies play in addressing climate displacement?

A

Policies like disaster risk reduction and sustainable development plans help integrate mobility as an adaptive strategy to climate impacts.

Jane McAdam, ‘Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-Refoulement’ (2020) AJIL 114:4, 708-725 (18 pages).

28
Q

What was the landmark decision involving the Torres Strait Islanders?

A

The UN Human Rights Committee ruled that Australia violated the Torres Strait Islanders’ rights by failing to adequately protect them from climate change impacts under the International Covenant on Civil and Political Rights (ICCPR)

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

29
Q

What rights did the Torres Strait Islanders claim were violated?

A

They claimed violations of Articles 6 (right to life), 17 (right to privacy, family, and home), and 27 (protection of traditional way of life)

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

30
Q

How did the Committee respond to Australia’s argument that climate change is a global phenomenon not attributable to one state?

A

The Committee rejected this, affirming that states are responsible for their own emissions and omissions.

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

31
Q

Why is Torres Strait Islanders case groundbreaking?

A

It set a precedent by holding a sovereign state accountable for climate change impacts on human rights and confirmed the justiciability of climate-related claims under human rights law.

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

32
Q

What types of impacts did the Torres Strait Islanders experience?

A

Flooding, erosion, loss of lands, damage to livelihoods, and threats to cultural practices and heritage

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

33
Q

What obligations did the Committee highlight for states regarding climate change?

A

States must take adequate mitigation and adaptation measures, ensure the protection of human rights, and prevent foreseeable climate change-related harms.

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

34
Q

How did the Committee interpret international treaties like the Paris Agreement in this case?

A

While not ruling on compliance with environmental treaties, the Committee used them to interpret states’ human rights obligations under the ICCPR.

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

35
Q

What future obligations did the Committee impose on Australia?

A

The Committee ruled they were entitled to full reparations, including compensation and adaptation measures to address the harms suffered.

To take steps to prevent similar violations in the future, falling under the principle of guarantees of non-repetition.

BBB

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

36
Q

How does Human Right Committee decision on Torres Strait Isalnders affect indigenous peoples’ rights?

A

It reinforces the protection of indigenous cultures, land, and traditions under international human rights law.

Monica Feria-Tinto, ‘Torres Strait Islanders: United Nations Human Rights Committee Delivers Ground-breaking Decision on Climate Change Impacts on Human Rights’ (EJIL: Talk! 27 September 2022) (8 pages).

37
Q

What are “rights of nature” and where have they been recognized?

A

Rights of nature are ecocentric or biocentric legal approaches that grant rights to natural entities (e.g., rivers, forests). They have been recognized in places like Ecuador (Constitution of 2008), Bolivia (Law of the Rights of Mother Earth), and in court rulings in Colombia, India, and New Zealand.

Kristen Stilt, ‘Rights of Nature, Rights of Animals’ 134 Harvard Law Review (2021) 276-285 (10 pages).

38
Q

How do rights of nature influence animal rights?

A

If nature has rights and includes animals, existing rights of nature doctrines can be used to argue for the legal protection of animals as sentient beings deserving intrinsic dignity and respect, as seen in Brazil’s Wild Parrot case.

Kristen Stilt, ‘Rights of Nature, Rights of Animals’ 134 Harvard Law Review (2021) 276-285 (10 pages).

39
Q

What is a key difference between rights of nature and rights of animals in legal remedies?

A

Rights of nature often focus on restoration and preservation for human benefit (e.g., river health for communities), while animal rights aim to free animals from human environments to live autonomously, challenging human-centric practices.

Kristen Stilt, ‘Rights of Nature, Rights of Animals’ 134 Harvard Law Review (2021) 276-285 (10 pages).

40
Q

International organisation

A

Three or more states supporting a permanent secretariat to perform on-going tasks related to a common purpose.

41
Q

Global governance

A

Ideas, values, norms, procedures that help all actors - states, IGO, civil societies to identify, understand and address transboundary problems.

42
Q

Westphalian Order

A

Ultimate authority over territory (and people)