Dr. Angela Williams University of Sussex, U.K. Achieving Justice within the international legal system: prospects for climate refugees
Identifying climate change displacement Estimated 50 to 200 million displaced by 2080 owing to climate change 2008: 10 million refugees (33 million ‘of concern’) 25 million IDPs (UNHCR cares for 13 million)
Effects of climate change Injustice and Inequity: those most vulnerable suffer the greatest, yet contribute the least Focus on idea of justice in relation to climate change displacement E.g. Kiribati and Mali
kiribati 33 island atolls between Australia and Hawaii Population c.100,000 Possibly uninhabitable within 50 years “We may be beyond redemption ... we may be at the point of no return, where the emissions in the atmosphere will carry on contributing to climate change, to produce a sea level change so in time our small, low-lying islands will be submerged.” President Anote Tong (June 2008)
mali Majority of population located in rural areas Two-thirds country located in Sahara Desert Displacement hampering development aid (e.g. dam construction) Displacement paths developing Mali Mauritania Europe (Spain)
Justice and climate change Justice based on social and moral values and thus, very subjective Distinguish: Remedial or Corrective Justice Distributive or Social Justice
Remedial justice Kivalina v. ExxonMobil et al February 2008: case lodged for damages relating to (i) contribution to global warming and (ii) conspiracy to suppress knowledge about effect of GHG emissions June 2008: defendants sought to have claim dismissed December 2008: hearing scheduled
Distributive justice Intergenerational Equity and Future Generations Intra-generational equity Principles promote distributive justice Common but differentiated responsibilities New / additional financial resources Technology transfer
Justice for climate change refugees Multi-level approach: Legal framework incorporates fair distribution of benefits and burdens Remedial justice mechanisms available where systems / infrastructure (above) ineffective