Climate Change, Human Rights, and Adaptive Mobility

Bol

This monograph provides a new conceptual and legal approach to human mobility in the context of climate change, one that seeks to shape more proactive, anticipatory action. Through doctrinal analysis and case studies, the book concretises adaptation obligations, an understudied and underutilized area of climate change law. The potential for climate change to cause vast human movement is a major global issue. Dominant approaches to climate-related migration take mobility as the starting point, exploring legal frameworks that tend to provide protection for migrants only after they move and overlooking measures that could help avoid forced movement in the first place. In contrast, Climate Change, Human Rights, and Adaptive Mobility provides a new conceptual and legal approach to human mobility in the context of climate change, one that seeks to compel and shape more proactive, anticipatory action. The author anchors her arguments in the international climate change regime, turning to obligations on adaptation found in the United Nations Framework Convention on Climate Change and the Paris Agreement. These obligations, though understudied and underutilized, have the potential to be a powerful legal tool. The book therefore seeks to lend them concrete legal meaning. It draws on international climate change and human rights law to weave together doctrinal analysis that considers treaty interpretation, regime interaction, and principles of environmental law with case studies in Bangladesh, the Pacific Islands, and the Sahel. At its core, the book argues that adaptation obligations require states to take measures to address foreseeable risks and ensure human rights. It further argues that developed countries that have contributed most to climate change have legal duties to support others in adapting to its effects, adding a collective dimension to the problem of climate change and mobility. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

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Pagina's: 320, Hardcover, Oxford University Press