Stellina Jolly Nafees Ahmad Protection Under International Legal

International Law and the Global South Perspectives from the Rest of the World Stellina Jolly Nafees Ahmad Climate Refugees in South Asia Protection Under International Legal Standards and State Practices in South Asia International Law and the Global South Perspectives from the Rest of the World Series editor Leïla Choukroune, Director, University of Portsmouth Research and Innovation Theme in Democratic Citizenship, University of Portsmouth, Portsmouth, UK This book series aims to promote a complex vision of contemporary legal developments from the perspective of emerging or developing countries and/or authors integrating these elements into their approach. While focusing on today’s law and international economic law in particular, it brings together contributions from, or influenced by, other social sciences disciplines. Written in both technical and non‐technical language and addressing topics of contemporary importance to a general audience, the series will be of interest to legal researchers as well as non-lawyers. In referring to the “rest of the world”, the book series puts forward new and alternative visions of today’s law not only from emerging and developing countries, but also from authors who deliberately integrate this perspective into their thinking. The series approach is not only comparative, post-colonial or critical, but also truly universal in the sense that it places a plurality of well-informed visions at its center. The Series • Provides a truly global coverage of the world in reflecting cutting-edge developments and thinking in law and international law • Focuses on the transformations of international and comparative law with an emphasis on international economic law (investment, trade and development) • Welcomes contributions on comparative and/or domestic legal evolutions More information about this series at http://www.springer.com/series/13447 Stellina Jolly • Nafees Ahmad Climate Refugees in South Asia Protection Under International Legal Standards and State Practices in South Asia 123 Stellina Jolly Nafees Ahmad Faculty of Legal Studies Faculty of Legal Studies South Asian University South Asian University New Delhi, India New Delhi, India ISSN 2510-1420 ISSN 2510-1439 (electronic) International Law and the Global South ISBN 978-981-13-3136-7 ISBN 978-981-13-3137-4 (eBook) https://doi.org/10.1007/978-981-13-3137-4 Library of Congress Control Number: 2018911908 © Springer Nature Singapore Pte Ltd. 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore Acknowledgements The concept of this book emanated and emerged out of our experience of teaching the courses of International Environmental Law and International Refugee Law at the Faculty of Legal Studies (FLS), South Asian University (SAU), New Delhi, India. The curious questions and the vibrant deliberation with the dynamic minds at FLS, in and around the classroom, gestated the concept for this book. After this initial stage of fruition, many rendered their assistance in putting together the current version. We would like to place on record our gratitude to all these people who offered their support and encouragement at all stages of the book. Reviewers of this volume deserve a special mention for their valuable sugges- tions and comments. We would also like to thank the entire Springer team, espe- cially Sagarika Ghosh and Nupoor Singh, for their encouraging response to our project, the constant cooperation, and for ensuring an accelerated publication process. Special thanks are extended to Dr. Kavita Sharma, President, South Asian University, for her enthusiastic response and kind encouragement for this project. We acknowledge Prof. Sasanka Perera, Vice President, South Asian University, and Prof. Santosh C. Panda, Vice President, South Asian University, for fostering South Asian focus-oriented research. This book project is motivated by this endeavour of SAU to promote the South Asian-focused research. We also express our gratitude to our colleagues at FLS-SAU for their constant encouragement. We place on record our gratitude to our teachers—Prof. Veer Singh, Former Vice Chancellor, NALSAR, Hyderabad; Prof. P. S. Jaswal, Vice Chancellor, Rajiv Gandhi National Law University, Patiala—for their sustained interest and unbridled encouragement of our academic endeavours. We take this opportunity to acknowledge the research assistance rendered by Amit Kumar, Ravneet Sandhu, Tanaya Thakur, Manini Syali and Sumedha Chaudhury, our students of LLM at FLS-SAU. We also acknowledge the research assistance rendered by Kanika Jamwal, a student at RGNUL, Patiala. v vi Acknowledgements The past year has been exhausting and enervating, and this book would not have been achievable without the incessant help of our family. We want to thank our respective spouses Amit and Aaisha Khan, children Agastya and Shezan and the rest of our families, who supported and encouraged us in this academic journey all through the time it took us away from them. Contents 1 Introduction ........................................... 1 1.1 Book Structure ..................................... 11 2 Conceptualizing the Climate Change Migration in South Asia ..... 15 2.1 Introduction ....................................... 15 2.2 The Science of Climate Change ......................... 17 2.3 South Asia and Susceptibility to Climate Change ............ 20 2.4 Climate Change and Global Human Displacement ........... 24 2.5 Climate Change and Human Displacement in South Asia ...... 28 2.6 Typology of Climate Change-Induced Displacement in South Asia ...................................... 35 2.7 Internal Displacement/Migration ........................ 36 2.8 Cross-Border Migration ............................... 38 2.9 Climate Refugee: Concepts, Definition and Its Dimensions ..... 40 2.10 Conclusion ........................................ 44 3 Climate Change Displacement and Refugees: ‘Normative Debate’ ...................................... 47 3.1 Introduction ....................................... 47 3.2 Climate Change-Induced Displacement: Myth or Reality? ...... 48 3.3 Identifying the Contours of Normative Debate on Climate Refugees ......................................... 51 3.4 Rethinking the ‘Debate on Environmental Refugees’: From ‘Maximalists and Minimalists Perspectives’ ................ 56 3.5 Approaches to Climate Change Human Mobility: An Evolving Concept .......................................... 60 3.6 Climate Change Rights as Human Rights .................. 64 3.7 Conclusion ........................................ 77 vii viii Contents 4 Climate Change Migration: Legal Protection Under International Refugee Law and Climate Change Legal Regime ............... 79 4.1 Introduction ....................................... 80 4.2 Protection Under International Climate Regime: Development of International Climate Regime ........................ 81 4.3 The United Nations’ Framework Convention on Climate Change: Declaration of Principles ....................... 84 4.4 Kyoto Protocol, Protecting Climate Through Obligations: An Analysis ....................................... 88 4.5 Legal Principles of COP in Response to Climate Displacement ...................................... 89 4.6 Paris Agreement: Consensus of the International Community ....................................... 95 4.7 Limitations of Climate Law Regime in Dealing with Climate Displacement ...................................... 96 4.8 Application of International Customary Law ............... 97 4.9 The Legal Protection Under International Refugee Law ....... 100 4.10 Protection Under International Human Rights Law (IHRL) ..... 106 4.11 Protection Under International Refugee Law: Kinds? ......... 111 4.12 Extended Approaches Along the Contours of the Proposed Solutions to Remedy the Plight of Climate Change Refugees ......................................... 113 4.13 Advocacy for an Alternative Regional/International Legal Regime on Climate Refugees .......................... 115 4.14 Conclusion ........................................ 119 5 Climate Refugees: South Asian States’ Legal Protection Practices .............................................. 123 5.1 Introduction

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