Climate Change, Disasters and People on the Move

Dr. Aylin Noorda, Ph.D. (World Trade Institute, University of Bern, 2022), is an Attorney at Law, working on sustainability. She also holds an LL.B. eq. (University of Istanbul, 2016), LL.M. (University of Toronto, 2014), and LL.B. Hons. degree (LSE, 2013).

• AcknowledgementsAbbreviations and AcronymsTable of MaterialsIntroduction1 The Need to Provide International Protection to Persons Mobile in the Context of Disasters and Climate Change1 Human Mobility in the Context of Disasters and Climate Change as a Complex Problem2 International Protection as a Solution2.1 The Notion of International Protection in International Law2.2 Conceptualising the International Protection of Persons Mobile in the Context of Disasters and Climate Change3 Towards International Protection: The Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration3.1 The Notion of a Global Compact3.2 International Protection and the Global Compact on Refugees3.3 International Protection and the Global Compact for Safe, Orderly and Regular Migration3.4 Future Implications4 Conclusion2 Mapping the Legal Gaps1 Relevant International Treaty Regimes1.1 International Refugee Regime1.2 International Climate Change Regime1.3 International Desertification Regime1.4 International Labour Regime1.5 International Trade Regime1.6 International Human Rights Regimes2 Relevant International Rules and Principles2.1 Non-refoulement2.2 Protection in the Event of Displacement2.3 Protection in the Event of Disasters3 A Novel Challenge: Sea-Level Rise and International Law4 Conclusion3 Legal Gaps in Action – Insights from the Pacific Island States1 Setting the Scene2 Human Mobility in the Context of Disasters and Climate Change in the Region2.1 Comparing the Pathways for Inter- and Intra-regional Movement2.2 The Prospects for a ‘Regional’ Approach to Human Mobility: pacer Plus, Free Movement and Labour Mobility3 Learning from the Domestic Approaches to Protection3.1 The Notion of Planned Relocation and the Pacific Island States3.2 Planned Relocation Policy of Vanuatu3.3 Planned Relocation Policy of Fiji4 Conclusion4 The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Community Interest1 The Theory of Community Interests in International Law1.1 Revival and Content1.2 Legal Effects: Obligations Erga Omnes as a Reflection of Community Interests2 Application of a Community Interest Approach: Towards an Obligation Erga Omnes to Protect Persons Mobile in the Context of Disasters and Climate Change2.1 Identification2.2 Pathways to Using the Existing Procedural Aspects of International Law2.3 Pathways to Using the Follow-Up and Review Mechanisms of the Global Compact for Migration and the Global Compact on Refugees3 Conclusion5 The International Protection of Persons Mobile in the Context of Disasters and Climate Change as a Common Concern of Humankind1 The Theory of the Common Concern of Humankind in International Law1.1 Emergence and Expressions1.2 Legal Effects: Treaty Regimes as a Reflection of Common Concerns2 The Application of a Common Concern Approach: Towards a New Treaty Regime2.1 A Novel Duty to Cooperate2.2 A Novel Duty to Act3 ConclusionConclusion Summary and Outlook1 International Protection and Human Mobility in the Context of Disasters and Climate Change2 Lessons Learnt about Community Interests and Common Concerns3 OutlookBibliographyIndex