Jump to ContentJump to Main Navigation
Climate Change, Forced Migration, and International Law$
Users without a subscription are not able to see the full content.

Jane McAdam

Print publication date: 2012

Print ISBN-13: 9780199587087

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199587087.001.0001

‘Disappearing States’, Statelessness, and Relocation

Chapter:
(p.119) 5 ‘Disappearing States’, Statelessness, and Relocation
Source:
Climate Change, Forced Migration, and International Law
Author(s):

Jane Mcadam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199587087.003.0006

This chapter provides a measured response to some of the ill-informed notions circulating in the literature by: examining empirical evidence about projected climate change impacts on Kiribati and Tuvalu, in conjunction with preexisting environmental and socio-economic stressors; analysing the position in international law with respect to State continuity and extinction; demonstrating why people who may move from affected small island States would be unlikely to be regarded as ‘stateless persons’ as a matter of international law, and where the protection gaps arise; examining why proposals for en masse relocation of national groups to other States is problematic from the perspective of human rights law; and examining alternative constructs for the maintenance of nationhood, such as self-governance in free association with another State, as a means of preserving culture, identity, and community. The chapter posits that considering these issues now, while there is time to enhance mechanisms for planned, pre-emptive movement, could provide greater certainty and predictability for the future and prevent displacement.

Keywords:   climate change impact, Kiribati, Tuvalu, international law, stateless persons, en mass relocation, human rights law, self-governance

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.