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Author: Jenny Grote Stoutenburg
Publisher: BRILL
ISBN: 9004303014
Category : Law
Languages : en
Pages : 504
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Book Description
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.
Author: Jenny Grote Stoutenburg
Publisher: BRILL
ISBN: 9004303014
Category : Law
Languages : en
Pages : 504
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Book Description
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.
Author: Carolin König
Publisher: Taylor & Francis
ISBN: 1000812057
Category : Law
Languages : en
Pages : 289
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Book Description
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.
Author: Carolin König
Publisher: Routledge
ISBN: 9781003263593
Category : Law
Languages : en
Pages : 0
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Book Description
"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"--
Author: Lilian Yamamoto
Publisher: Springer Science & Business Media
ISBN: 3642381863
Category : Law
Languages : en
Pages : 318
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Book Description
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.
Author: Michael B. Gerrard
Publisher: Cambridge University Press
ISBN: 1107025761
Category : Business & Economics
Languages : en
Pages : 661
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Book Description
This book addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans.
Author: Jon Barnett
Publisher: Earthscan
ISBN: 1849774897
Category : Business & Economics
Languages : en
Pages : 233
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Book Description
Small Island Developing States are often depicted as being among the most vulnerable of all places to the effects of climate change, and they are a cause c?l?bre of many involved in climate science, politics and the media. Yet while small island developing states are much talked about, the production of both scientific knowledge and policies to protect the rights of these nations and their people has been remarkably slow.This book is the first to apply a critical approach to climate change science and policy processes in the South Pacific region. It shows how groups within politically and scientifically powerful countries appropriate the issue of island vulnerability in ways that do not do justice to the lives of island people. It argues that the ways in which islands and their inhabitants are represented in climate science and politics seldom leads to meaningful responses to assist them to adapt to climate change. Throughout, the authors focus on the hitherto largely ignored social impacts of climate change, and demonstrate that adaptation and mitigation policies cannot be effective without understanding the social systems and values of island societies.
Author: Davor Vidas
Publisher: BRILL
ISBN: 9004398198
Category : Law
Languages : en
Pages : 92
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Book Description
This issue contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018.
Author: Ali Agayev
Publisher:
ISBN:
Category :
Languages : en
Pages : 66
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Book Description
Author: Petra Butler
Publisher: Springer
ISBN: 3319393669
Category : Law
Languages : en
Pages : 270
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Book Description
This book is a unique collection of high quality articles analysing legal issues with particular regard to small states. The small states of the world differ considerably in their geography, history, political structures, legal systems and wealth. Nevertheless, because of their size, small states face a set of common challenges including vulnerability to external economic impacts such as changing trade regimes and limited ability to diversify economic activity; limited public and private sector capacity, including the legal and judicial infrastructure; a need for regional co-operation; a vulnerability to environmental changes as well as a limited ability to engage with supranational bodies and the forces of globalisation. This is the first volume of an exciting and unique new series, The World of Small States. In this work, legal experts from small jurisdictions and those with a particular interest in legal issues facing small states explore inter alia ethics in small jurisdictions, legal education and the profession in small states, the challenges facing small states with mixed legal systems, the constitutional arrangements in small states, small states as tax havens, and intellectual property and competition law issues.
Author: Hiran Wasantha Jayewardene
Publisher: Martinus Nijhoff Publishers
ISBN: 0792301307
Category : Law
Languages : en
Pages : 602
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Book Description
