This thesis was submitted to the Western New England University School of Law in 2022 – by Ashley Rivera
Abstract
The city of Bangkok is sinking into the ocean at an alarming rate. Some parts of Bangkok are facing sinkage rates of between one to two centimeters a year, and the sea level rises up to four millimeters each year. A combination of climate and infrastructure crises is causing families to be displaced and entire villages destroyed. Extreme measures must be taken to preserve what is left of the Thai capital. If not, the city is sure to vanish.
Ashley Rivera is a law student at Western New England University School of Law, where she has a great interest in environmental and human rights law, and hopes to practice in these fields upon graduation. She is co-founder and co-president of the Environmental Law Coalition, where she teaches other students about sustainability, activism, and other ways to get involved in environmental protection. Ashley believes that human rights and environmental justice go hand-in-hand as humans have a right to live in an environment free from toxic pollution, and access to the natural resources needed to survive and prosper.
No edits have been made to maintain the author’s tone of voice.
This thesis was submitted to Western New England University School of Law in 2022 – by Brendan McCarthy
Abstract
We must redesign our coastal cities to mitigate the damage caused by increased storm frequency and severity. To do so, we must elevate environmental urban planning to the forefront of urbanization, so that we are able to adequately mitigate the resulting damage caused by rising sea levels, more powerful storms, and coastal flooding.
I am a rising 3L at the Western New England University School of Law with an interest in practicing environmental law upon graduation. Due to this interest, I helped revive the dormant Environmental Law Coalition to bring environmental awareness and sustainability to the forefront of conversation at the school. I graduated from Fairfield University with a double major in Environmental Studies and American Studies, and my time at Fairfield helped solidify my desire to work in the environmental field. I possess a strong belief that the protection of our natural world is necessary to promote human health and wellbeing, and I aim to strengthen these protections as I embark on my legal career.
No edits have been made to maintain the author’s tone of voice.
This thesis was submitted to SOAS in 2021 – by Ayesha Shingruf
Abstract
The onset of extreme weather events is creating drastic challenges for people around the world. Studies have shown strong links of climate change with the displacement of people, suggesting that the world will experience unprecedented levels of climate refugees. Because of the increase in the severity and frequency of intense weather conditions, refugee movements will be seen both internally and across international borders. This poses a serious question within international and domestic laws for their ability to offer protection to those displaced by climate change. By offering a case study of South Asia – a region containing some of the world’s most vulnerable countries to climate variability – this paper examines regional laws and policies as well as specific international principles as they relate to refugees. In particular, this research looks at the potential of the Warsaw International Mechanism (WIM) for Loss and Damage to arrive at possible pathways to safeguard rights for climate refugees. Using a human rights based-approach, this paper maintains that the principle of loss and damage will create channels for legal protection to those fleeing their homes due to the harsh changes in their environment.
What inspired you to write and research this piece?
I was born and raised in Lahore, Pakistan. For years, urban cities in Pakistan have consistently ranked as being the most polluted in the world, and some regions have experienced intense flooding and heatwaves. Similar patterns can be seen in India and Bangladesh as well. South Asia is collectively suffering the consequences of this global crisis on its agriculture, economy, human health, and livelihoods as we speak. There is a sense then, of people wanting to move to a different place to live a healthier and safer life. Those who pay attention to this crisis know that migratory movements caused by climate change are already occurring. Unfortunately, such movements will only increase in severity owing to the rise in temperatures coupled with regional conflicts. I wanted to address the fact that there is an absence of legal tools that can offer protection to climate refugees, and explore different frameworks that would help in safeguarding their human rights.
What impact do you hope this research will have?
There is minimal literature and discourse on climate refugees within the context of South Asia. This is alarming because the region is one of the most vulnerable to the impacts of climate change. My only hope is that this drives significant conversation so that attention is paid to this looming threat. This is a collective fight, and a lot of research needs to be carried out to arrive at efficient policies for climate refugees. I look forward to students and academics exploring more pathways that can legally aid climate refugees in the future.
Ayesha Shingruf is a research fellow in climate change education and sustainability at Nottingham Trent University. She is interested in exploring the interplay of climate change, migration, and conflict. Ayesha completed her postgraduate degree in human rights law from SOAS, University of London. In her free time, Ayesha enjoys yoga, surfing, trying new foods, and reading a lot of poetry.
No edits have been made to maintain the author’s tone of voice.
This thesis was submitted to the University of Sussex in 2021 – by Louisa Gaus
Abstract
The influence of climate change on migration flows is a highly disputed topic, furthermore, the discourse about whether migration is a failure to adapt or an adaptive strategy emerges. The Republic of Kiribati has imminent adaptation needs due to the high dependency of the population on local ecosystems for subsistence and income, prevailing development issues, rapid population growth, and projected climate change impacts. The previous and current administrations deployed otherwise opposing adaptation approaches. Namely, ex situ adaptation, which inevitably leads to relocation, and in situ adaptation policies, approaches deployed ‘in the place’ of residence. Nevertheless, the significant negative implications of a sole prioritisation of one of these approaches suggest an alternative policy. This research argues, alongside other scholars, the emergent need for a hybrid adaptation policy. The aim is to answer the question if in situ and ex situ adaptation approaches can be harmonised or are due to their inherent characteristics incompatible in practice, and, from a practical perspective, what challenges such a hybrid adaptation policy encounters. The findings suggest that, in theory, in situ and ex situ adaptation approaches can be harmonised. However, due to the practical limitations stemming from the economic challenges and the lack of international law frameworks supporting cross-border migration, these adaptation approaches cannot yet be united into a hybrid adaptation policy in Kiribati.
What inspired you to write and research this piece?
In my opinion, the polarized debate about ex situ and in situ adaptation leaves little space for flexible decision-making. This inspired me to explore this what-if scenario of a hybrid adaptation policy practically.
What impact do you hope this research will have?
Hopefully, this research inspires us to think about climate change and migration not as a ‘fight or flight’ situation, but as an issue which is handled with a solution-oriented perspective and flexible short- and long-term planning.
Growing up in a small town in Southern Germany, I was always curious about other parts of the world. In my community, I engaged from a young age in youth work, such as leading a youth group. In 2015, after graduating from school, I underwent a Voluntary Social Year in the Republic of Kiribati. This stay awakened my passion for climate action and working in an international environment. After returning from overseas in 2016, I followed that passion and started studying ‘International Relations’ at the Rhine-Waal University of Applied Sciences. In 2019, I had the opportunity to intern at the Regional Program for Climate Change and Energy Security of the Konrad Adenauer Foundation and the Hong Kong-America Center in SAR Hong Kong.
In my Bachelor’s thesis, which was submitted in 2020, I researched the impacts of climate change on public health. In 2020, inspired by my past experiences and studies, I started my Master’s degree in ‘Climate Change, Development and Policy’ at the University of Sussex and Institute of Development Studies in Brighton, UK. The result thereof is my thesis on adaptation policies in the Republic of Kiribati. Currently, I am interning at the Gesellschaft für Internationale Zusammenarbeit in Berlin, Germany, and am eager to further engage myself in climate action. In my free time, I enjoy climbing, hiking, doing DIY projects (such as cutting my friends’ hair), and playing the violin and the ukulele.
No edits have been made to maintain the author’s tone of voice.
This thesis was submitted to the University of Pennsylvania in Spring 2021 – by Rachel Steinig
Abstract
Climate change has already begun causing displacement. This isn’t a new problem: since 2008, an average of 24 million people have been displaced each year by catastrophic weather disasters. There are currently at least 100 million forcibly displaced people worldwide – this is the highest level on record ever. However, climate migrants are not considered refugees under international law, according to the definition of a refugee adopted in the 1951 Geneva Convention on Refugees, and thus lack legal protections. In my thesis I investigated the role of existing bilateral and regional agreements to provide protection and asylum for climate refugees. My research question was: what are the conditions under which states agree to legally binding instruments to accommodate climate-induced migration? I collected nine case studies of bilateral and regional agreements that have either been implemented and have provided protection for climate-displaced persons or have been proposed but never implemented. My study presents somewhat of a grim picture for climate-displaced persons. None of my nine case studies provided a convincing example of the feasibility of using current regional or bilateral agreements to accommodate climate-induced displacement. In addition, most governments proved unwilling to even acknowledge climate displacement as a phenomenon.
What inspired you to write and research this piece?
Climate-induced displacement will only be increasing throughout time, and the fact that people displaced by climate change are not considered refugees under international law means that an increasing number of displaced people will be without legal protection or remedy. There isn’t a lot of existing research on the intersection of climate change, migration, and international law, so through my study I wanted to contribute to the budding literature on this topic and explore the feasibility of a potential solution to the lack of international legal protections for climate-displaced persons.Â
What impact do you hope this research will have?
Climate-included displacement is a phenomenon that will only be increasing in severity throughout time and requires attention and action at the local, national, and international levels. A key takeaway from my study is that there are no easy answers or solutions to climate-displacement, and that countries of destination will likely oppose the acknowledgement of and accommodation of climate-displaced persons. I hope that my study will positively contribute to the literature and that the amount of research on this topic will increase throughout time.
Rachel Steinig (they/she) works with asylum-seekers in Tijuana as a Project Coordinator with the Border Rights Project of Al Otro Lado, a bi-national legal aid nonprofit. They graduated from the University of Pennsylvania in 2021 with a bachelor’s degree in Political Science, a concentration in International Relations, and triple minors in Latin American and Latinx Studies, Spanish, and Modern Middle Eastern Studies.
She spent the summer after graduation volunteering at a migrant shelter on the Mexico-Guatemala border. In July they will be moving to central Mexico to work as a Human Rights Accompanier with the organization Peace Brigades International. They are dedicated to working in solidarity with asylum-seekers to combat the structural racism and violence of our immigration system and to advocate for a world without borders. She plans on working in international human rights law.
No edits have been made to maintain the author’s tone of voice.
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