A Justice Paradox: Climate Change, Small Island Developing States, and the Absence of International Legal Remedy

Burkett, Maxine

doi:10.1017/cbo9781107295414.021

Cited by 9 publications

(20 citation statements)

References 9 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…There was also an expansion of the human rights lens, which sought to unpack climate migrants’ rights (e.g., see Wewerinke‐Singh, 2018). There was, however, an acknowledged absence of appropriate legal remedies (Burkett, 2015) and policies, especially related to loss and damage (Thomas & Benjamin, 2018), and of valid ways to secure legal status for those forced from their homes (Fornalé et al, 2016). Here, the need for the creation and effective functioning of national and/or international mechanisms for delivering climate justice for SIDS is clear.…”

Section: Resultsmentioning

confidence: 99%

“…Political manipulation, in this regard, lends itself to the promulgation of misaligned national development strategies, which has implications for resilience and transformation in SIDS (see related discussions in Holler, Bernier, Roberts, & Robinson, 2020). Following AR5's publication, studies that focused on climate-related displacement, relocation, resettlement, and forced migration began adopting a clearer climate justice orientation (e.g., see Asugeni, MacLaren, Massey, & Speare, 2015;Burkett, 2015;Fornalé, Guélat, & Piguet, 2016;Wewerinke-Singh, 2018;Zellentin, 2015). Some attention was paid to the interaction of multiple climate stressors and vulnerabilities that result in displacement (e.g., see Martin et al, 2018;McCubbin et al, 2015) but far more to the "fairness" of interventions and outcomes, sometimes against the backdrop of countries' colonial histories and negligible greenhouse gas emissions, alongside the mental health burdens of losing one's home, income, traditions, and culture (e.g., see Asugeni et al, 2015;Baptiste & Rhiney, 2016;Zellentin, 2015).…”

Section: 32mentioning

confidence: 99%

See 1 more Smart Citation

Climate change adaptation in SIDS: A systematic review of the literature pre and post the IPCC Fifth Assessment Report

Robinson

2020

WIREs Climate Change

104

View full text Add to dashboard Cite

The Fifth Assessment Report (AR5) of the Intergovernmental Panel on Climate Change in 2014 was the most comprehensive to date. Yet it left several gaps with regards to the impacts, implications and responses to climate change in small island developing states (SIDS). SIDS are recognized as a special grouping of developing countries. Located in the Atlantic and Indian Oceans, Caribbean, and Pacific regions, they comprise 58 countries that are disproportionately vulnerable to climate change and its impacts. With adaptation to climate change viewed as a viable and necessary complement to mitigation, academic interest in adaptation in these complex geographies is increasing. Despite this, not enough is known about the body of knowledge relating to adaptation in SIDS. This article systematically reviews 208 articles, books, book chapters, conference papers, and notes, and synthesizes the nature and extent of the research evidence before and after AR5 (i.e., from 1990 to 2014, and from 2015 to 2018). It specifically explores shifts in (a) when, where and by what means knowledge is being produced (e.g., subject areas, methodologies), and the ways in which adaptation is being framed (i.e., conceptually, operationally), (b) the narratives, consensuses, and tensions across the key emerging themes in the literature, and (c) the knowledge gaps that exist. It also outlines a future research agenda, which is an important consideration not only for multi‐scale actors working to help solve the global climate challenge, but also for the scholars preparing the Small Islands Chapter of the Sixth Assessment Report due in 2021. This article is categorized under: Climate and Development > Sustainability and Human Well‐Being Vulnerability and Adaptation to Climate Change > Learning from Cases and Analogies

show abstract

Section: Resultsmentioning

confidence: 99%

Section: 32mentioning

confidence: 99%

Climate change adaptation in SIDS: A systematic review of the literature pre and post the IPCC Fifth Assessment Report

Robinson

2020

WIREs Climate Change

104

View full text Add to dashboard Cite

show abstract

“…In a provocative article titled "Human Rights and Root Causes," Susan Marks (2011) calls for an examination of the systemic causes of injustice and proposes that scholars and activists spend less time pursuing state-oriented reforms that demobilize oppositional activity and more time channeling grievances into organized and coherent action. Climate-vulnerable states and peoples are using every legal tool at their disposal to seek climate justice (Burkett 2015), and it is important to heed their voices, support their work, and critique emerging legal and policy responses to climate displacement that reinforce abyssal exclusion. However, it is also essential to identify the larger structural causes of environmental, economic, and racial injustice and the opportunities for emancipatory collective action.…”

Section: Discussionmentioning

confidence: 99%

Climate Change, Race, and Migration

González¹

2020

JLPE

View full text Add to dashboard Cite

“…The latter suggests that the resources available to them will play a key role. Hence, the availability of a favourable stock of legal precedent (for example on human rights) in domestic or potentially international or foreign courts would create a positive legal opportunity structure that may encourage a community to adopt litigation as a strategy (Andersen, 2005;Burkett, 2013). Equally, access to resources and professional legal support structures are also likely to be important to such a decision (Epp, 1998).…”

Section: Understanding Claims-makingmentioning

confidence: 99%

Climate displacement and resettlement: the importance of claims-making ‘from below’

2019

View full text Add to dashboard Cite

Climate-induced population displacement and resettlement is an ongoing problem around the world, and one that is being exacerbated by climate change. To date, most attempts to address this problem have taken a top-down approach in which international justice, legal and humanitarian frameworks are extended 'downwards' by policymakers and governments to local populations. However, there has been limited systematic work that emphasizes the abilities of affected peoples themselves to develop and formulate their own justice-based solutions. This paper presents an analytical framework for thinking about 'bottom-up' claims-making that emphasizes naming, blaming, claiming and framing. The framework enables claims-making to be distinguished from other forms of community-based agency, such as adaptation. The paper also suggests a normative framework to support policymakers and practitioners in helping communities facing displacement to make claims. The normative framework focuses on the barriers to, and opportunities for, claims-making 'from below'. KEY POLICY INSIGHTS1. Bottom-up claims-making is potentially a powerful way for communities affected by climate displacement and resettlement to develop and formulate their own justice-based solutions.2. As an analytical and normative framework, claims-making has several features that make it distinct from other agency-based approaches to climate displacement and resettlement.3. In spite of its potential advantages, there is limited understanding of the political and legal opportunities for, and barriers to, claims-making by affected communities.4. The claims-making approach might only be suitable to particular environmental, political and socioeconomic contexts. There is a need to improve understanding of what does and does not work in bottom-upclaims-making processes so communities and their NGO advisors are better-placed to move forward with these strategies.

show abstract

A Justice Paradox: Climate Change, Small Island Developing States, and the Absence of International Legal Remedy

Cited by 9 publications

References 9 publications

Climate change adaptation in SIDS: A systematic review of the literature pre and post the IPCC Fifth Assessment Report

Climate change adaptation in SIDS: A systematic review of the literature pre and post the IPCC Fifth Assessment Report

Climate Change, Race, and Migration

Climate displacement and resettlement: the importance of claims-making ‘from below’

Contact Info

Product

Resources

About