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Vol 23 No 8 Aug/Sept 18

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Cover of Service Charges: Law and Practice

Service Charges: Law and Practice

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Blackstone 2019
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Archbold 2019 out now

Climate Change and People on the Move: International Law and Justice


ISBN13: 9780198824817
To be Published: November 2018
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £60.00



This book applies a justice framework to analysis of the actual and potential role of international law with respect to people on the move in the context of anthropogenic climate change. That people are affected by the impacts of climate change is no longer doubted, including with implications for people movement (migration, displacement, relocation, etc.). Climate Change and People on the Move tackles unique questions concerning international responsibility for people movement arising from the inequities inherent to climate change.

Corrective and distributive justice provide the analytical backbone, and are explored in a substantial theoretical chapter and then applied to subsequent contextual analysis. Corrective justice supports analysis as to whether people movement in the climate change context could be conceived or framed as harm, loss, or damage which is compensable under international law, either through fault-centred regimes or no-fault regimes (i.e. insurance). Distributive justice supports analysis as to whether such movement could be conceived or framed as a disproportionate burden, either for those faced with movement or those faced with sheltering people on the move, from which duties of re-distribution may stem. This book contributes to the growing scholarship and analysis concerning international law or governance and people movement in response to the impacts of climate change by investigating the bounds of the law where the phenomenon is viewed as one of (in)justice.

Subjects:
Environmental Law, Public International Law
Contents:
1: Introduction
2: People Movement in the Climate Change Context: Utility and Complexity
3: People Movement in the Climate Change Context and International Law: Disciplinary Boundaries
4: Why Justice? What Justice?
5: Corrective Justice: 'Pure'
6: Corrective Justice: 'Rough'
7: Distributive Justice: Costs
8: Distributive Justice: Shelter
9: Conclusion