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A Critical Look and a Note of Caution

Programme EXCLIM. A Critical Look and a Note of Caution. Addressing Environmental Migration through International Governance:. Benoît Mayer, bmayer@nus.edu.sg PhD candidate, National University of Singapore. Tracing Social Inequalities in Environmentally-induced Migration, Bielefeld

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A Critical Look and a Note of Caution

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  1. Programme EXCLIM A Critical Look and a Note of Caution Addressing Environmental Migrationthrough International Governance: Benoît Mayer, bmayer@nus.edu.sg PhD candidate, National University of Singapore Tracing Social Inequalities in Environmentally-induced Migration, Bielefeld 12 December 2012

  2. International law and environmental migration: a normative gap? Existing law: • Convention relating to the status of refugees • Internal displacement: guiding principles + African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) • Human rights law Proposals: • Treaty? • « Soft law » (e.g. General Assembly resolution)? • Regional or bilateral cooperation ? • National framework?

  3. Assumption:Climate / environmental migrants ought to be a category of concern.…Why?

  4. Two alternative ethical approaches: Distributive justice Corrective justice

  5. Two alternative ethical approaches: Distributive justice: addressing vulnerability. Corrective justice: implementing responsibility.

  6. Two alternative ethical approaches: Distributive justice: addressing vulnerability. • Voluntary approach (‘should’) • Between ‘wealthy’ and ‘poor’ individuals / communities / states • Bilateral / regional / multilateral approach Corrective justice: implementing responsibility. • Stronger obligation (‘must’) • Between ‘culpable’ and ‘harmed’ states / groups of states • Multilateral approach, possibly through international jurisdictions

  7. Distributive justice approach: Addressing the vulnerability of environmental migrants Image credit: http://technospirit.fr/zeblogs/laparolecircule/2011/04/14/sur-la-fraternite/

  8. Distributive justice approach: The vulnerability of environmental migrants… and others affected by environmental changes! Migration frequency Capacity to adapt in place Migration as adaptation Vulnerability (including exposure and resilience)

  9. Distributive justice approach: The vulnerability of environmental migrants… and others affected by environmental changes! Migration frequency Capacity to adapt in place ‘Trapped’ in place Migration as adaptation Vulnerability (including exposure and resilience)

  10. Distributive justice approach: The vulnerability of climate migrants… and other migrants! Climate migrants

  11. Distributive justice approach: The vulnerability of climate migrants… and other migrants! Climate migrants Environmental migrants

  12. Distributive justice approach: The vulnerability of climate migrants… and other migrants! Climate migrants Environmental migrants Forced migrants

  13. Distributive justice approach: The vulnerability of climate migrants… and other migrants! Climate migrants Environmental migrants Forced migrants ‘Survival migration’(A. Betts) Migrants

  14. Distributive justice approach: Vulnerability beyond environmental migration

  15. Distributive justice approach: Addressing specific types of vulnerability

  16. Distributive justice approach: Addressing specific types of vulnerability

  17. Distributive justice approach: Addressing specific types of vulnerability

  18. Distributive justice approach: Addressing specific types of vulnerability

  19. Corrective justice approach: A question of responsibility? Image credit: http://chato-mgt.com/products.htm

  20. Corrective justice approach: The polluters’ responsibility for climate-related migration 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC)

  21. Corrective justice approach: The polluters’ responsibility for climate-related migration 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC) Secondary obligations: Cessation/ non repetition, and Reparation (restitution, compensation, or satisfaction) Wrongful act Damage

  22. Corrective justice approach: The polluters’ responsibility for climate-related migration 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC) Secondary obligations: Cessation/ non repetition, and Reparation (restitution, compensation, or satisfaction) Wrongful act Damage GHG emissions (?) Loss and damages

  23. Corrective justice approach: The polluters’ responsibility for climate-related migration… and other loss and damages! Existential risks Economic harm Migration Migration frequency Capacity to adapt in place ‘Trapped’ in place Migration as adaptation Harm

  24. Corrective justice approach: The polluters’ responsibility for climate-related migration… and other loss and damages! 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC) Secondary obligations: Cessation/ non repetition, and Reparation (restitution, compensation, or satisfaction) Wrongful act Damage GHG emissions (?) Loss and damages (including migration,but not only!)

  25. Corrective justice approach: The polluters’ duty to repair… not to interfere! 2001 Draft Articles on Responsibility of States for International Wrongful Acts (ILC) Secondary obligations: Cessation/ non repetition, and Reparation (restitution, compensation, or satisfaction) Wrongful act Damage GHG emissions (?) Loss and damages (including migration,but not only!) • Mitigation • Adaptation • (restitution impossible, • therefore compensation)

  26. Two alternative ethical approaches: Distributive justice: addressing vulnerability. • Argument for a regulation of types of migration (evacuation, resettlement, livelihood diversification), notwithstanding the cause. Corrective justice: implementing responsibility. • Arguments for a compensation of climate change-induced migrants, not justifying any form of international interference in the regulation of internal migration.

  27. Assumption:Climate / environmental migrants ought to be a category of concern.…Why?

  28. Assumption:Climate / environmental migrants ought to be a category of concern.…Why?…What can it lead us to?

  29. Universal standards serving humanity as a whole? Universal standards States Adapted from: B. Mayer, “Environmental Migration in the Asia-Pacific Region: Could We Hang Out Sometime?”(2013) 3:1 Asian Journal of International Law (forthcoming). Environmental migration

  30. WBGU 2007

  31. Research 80+% of people displacedby sudden disasters (except droughts) in the World are Asians. Adapted from WBGU 2007

  32. A Western interference? Fear of the“environmental refugee” Global governance Lack of empirical information Interference Environmental Migration Adapted from: B. Mayer, “Environmental Migration in the Asia-Pacific Region: Could We Hang Out Sometime?”(2013) 3:1 Asian Journal of International Law (forthcoming).

  33. The note of caution: the dangers of dealing with ‘environmental migration’ • Broader significance for global migration governance: • Definition as a tool for exclusion: oversight of other forced migrants and other causes of migration. • Politics of fear: legitimizing violence against (international) migrants. • Broader significance for global climate governance: • Shifting priorities, from mitigation to adaptation, to migration. • Legitimizing interference: a green neo-colonialism?

  34. Programme EXCLIM Thank you! Benoît Mayer, bmayer@nus.edu.sg

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