Environmental Law and Management
Volume 23, Issue 2, 2011, Pages 83-87

Receding maritime zones, uninhabitable states and climate exiles: How international law must adapt to climate change (Review)

Wei D.*
  • a Foundation for International Environmental Law and Development (FIELD), United Kingdom

Abstract

The article examines receding maritime zones, uninhabitable states and climate exiles. Bilateral or multilateral delimitation agreements between states may hold a maritime boundary in place. If delimitation agreements provide that a boundary is definitive, that boundary may continue to apply. The most widely accepted criteria for the existence of a state are reflected in the 1933 Montevideo Convention on the Rights and Duties of States. Article 1 provides that a state should possess a permanent population, a defined territory, effective government and the capacity to enter into relations with other states. Climate exiles remain governed by international human rights law; however, this does not entitle them to admission and the right to remain in another country. Many commentators have argued against this approach. Adding climate refugees to the Refugee Convention may weaken protection of traditional refugees and create competition for resources between the two groups.

Author Keywords

[No Keywords available]

Index Keywords

state role competition (economics) boundary delimitation maritime boundary United Nations refugee Climate change international law human rights forced migration

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-79961034117&partnerID=40&md5=52bc1ebadd452455b42226c7c0a7c782

ISSN: 10676058
Cited by: 1
Original Language: English