This paper sets out a research agenda for a political theory of climate displacement, by critically examining one prominent proposal—the idea of a normative status for ‘climate refugees’—and by proposing an alternative. Drawing on empirical work on climate displacement, I show that the concept of the climate refugee obscures the complexity and heterogeneity of climate displacement. I argue that, because of this complexity and heterogeneity, approaches to climate displacement that put the concept of the climate refugee at their centre will (...) fail to treat like cases alike and relevantly different cases differently. In response to these failings, I outline an alternative—the pluralist theory of climate displacement—which confronts the specific challenges that climate displacement poses in different practical and institutional contexts, whilst also treating climate displacement as a unified phenomenon at the second-order level of burden-sharing. (shrink)

Legitimate states have a general right to control their borders and decide who to admit as future citizens. Such decisions, however, are constrained by principles of justice. But which principles? To answer this we have to analyse the multifaceted relationships that may hold between states and prospective immigrants, distinguishing on the one hand between those who are either inside or outside the state’s territory, and on the other between refugees, economic migrants and ‘particularity claimants’. The claims of refugees, stemming from (...) their human rights, are powerful though limited in scope: they hold against eligible states generally rather than the specific one to which they apply for asylum. Economic migrants cannot claim a right to be admitted as such, but only a right to have legitimate selection criteria applied to them. Particularity claimants, such as those seeking redress for harms inflicted on them or reward for the services they have rendered to the state, must show why awarding a right to enter is the appropriate response to their claims. Finally, does justice enable us to establish admission priorities between these different categories of migrants? (shrink)

Under the UNHCR definition of a refugee, set out in the 1967 Protocol Relating to the Status of Refugees, people fleeing their homes because of natural disasters or other environmental problems do not qualify for refugee status and the protection that come from such status. In a recent paper, "Who Are Refugees?", I defended the essentials of the UNHCR definition on the grounds that refugee status and protection is best reserved for people who can only be helped by granting them (...) refuge in a safe state for an indefinite period of time, and argued that this does not include most people fleeing from natural disasters. This claim is most strongly challenged by possibility of displacement from climate change. In this paper I will explore to what degree the logic of the refugee convention, as set out in my earlier paper, can and should be extended to those fleeing the results of climate change, and will argue that the logic of the refugee convention tells in favor of extending refugee protection to a portion of those who must flee their homes because of climate-change related environmental problems. (shrink)

Is it possible to justify territorial rights? Provided a justification for territorial rights can be found, does it ground claims toparticularterritories? And provided a claim to particular territories can be justified, what kind of claim is it? Is it a claim to jurisdiction? A claim to control resources? A claim to control the movement of people across borders? In this paper I review some prominent accounts seeking to answer these questions. After outlining their main features, I focus on some difficulties (...) they encounter, in particular with regard to the justification of exclusion. (shrink)

Inhabitants of low-lying islands flooded due to anthropogenic climate change will lose their territory and thereby their ability to exercise their right to political self-determination. This paper addresses the normative questions which arise when climate change threatens territorial rights. It explores whether the loss of statehood supports a claim to territorial compensation, and if so, how it can be satisfied. The paper concludes that such claims are well founded and that they should be met by providing compensatory territories. After introducing (...) a differentiation between land rights and territorial rights, previous theoretical responses to the problem of sinking islands are criticized. It is argued that states may be required to give up parts of their territory as compensation. The paper develops criteria of sufficiency for compensatory territories and proposes to base their selection process on a negative auction. Since it is unlikely that unsettled compensatory territories that meet the specified requirements are available, the rights of their original inhabitants are discussed. (shrink)

This paper examines the responsibilities of states to assist and to receive stateless people who are forced to leave their state territory due to rising seas and other unavoidable climate change impacts and the rights of ‘climate refugees’ to choose their host state. The paper employs a praxeological method of non-ideal theorising, which entails identifying and negotiating the unavoidable tensions and trade-offs associated with different framings of state responsibility in order to find a path forward that maximises the protection of (...) climate refugees within the constraints imposed by political feasibility. It argues that the responsibility of states to support climate refugees through financial and technical assistance should be treated separately from their responsibility to receive them. The former is a differentiated responsibility grounded in the ability to pay principle, or relative capability, while the latter is a common responsibility grounded in the fact that all states have causally contributed to their plight, albeit in varying degrees which cannot be, and need not be, precisely determined. A common state ‘responsibility to receive’ is linked with a right on the part of climate refugees to choose their host to suit their circumstances, which would provide a form of partial compensation for the injustice and trauma of their loss and damage. This right is expected to become more viable, and the political willingness of states to receive them more likely, the more that climate refugees are assured of adequate support for resettlement according to states’ differentiated responsibilities to assist. (shrink)

Thomas Pogge claims "that, by shaping and enforcing the social conditions that foreseeably and avoidably cause the monumental suffering of global poverty, we are harming the global poor ... or, to put it more descriptively, we are active participants in the largest, though not the gravest, crime against humanity ever committed." In other words, he claims that by upholding certain international arrangements we are violating our strong negative duties not to harm, and not just some positive duties to help. I (...) shall argue that even if Pogge were correct in claiming that certain rich states or at least the rich states collectively violate certain negative duties towards the poor and harm the poor, he is far too hasty in concluding that "we," the citizens of those states, are thus harming the global poor or violating our negative duties towards them. In fact, his conclusion can be shown to be wrong not least of all in the light of some of his own assumptions about collective responsibility, the enforceability of human rights, and terrorism. In addition, I will also argue that his view that we share responsibility for the acts of our political "representatives," who allegedly act "on our behalf," is unwarranted. (shrink)

With respect to climate change, what is wanted is an account that morally condemns the production of ‘luxury’ greenhouse gas emissions (e.g., joyriding in an SUV), but not ‘subsistence’ emissions (e.g., cooking meals). Now, our individual greenhouse gas emissions either cause harm, or they do not—and those who condemn the production of luxury emissions generally stake their position on the grounds that they do cause harm. Meanwhile, those seeking to defend the moral permissibility of luxury emissions generally do so by (...) arguing that our individual emissions do not cause harm. Here, I argue that, if our individual emissions do cause harm, then this entails too much. For, it entails not only that our luxury emissions are morally impermissible, but that our subsistence emissions are too. This is an undesirable result. Therefore, I propose that we embrace our other option. Namely, I propose that we accept that our individual emissions do not cause harm; or at least, that they make no perceptible difference with respect to the harms associated with climate change. The result of this admission is not as bad as you might think. For, I argue, even if we are individually causally impotent with respect to the harms of climate change, there remains a plausible route toward the moral condemnation of our individual luxury emissions—contrary to what others have argued. What is more, only by accepting our individual causal impotence can we successfully ground the permissibility of our individual subsistence emissions. (shrink)

Anthropogenic climate change is an existential threat to the people of sinking island states. When their territories inevitably disappear, what, if anything, do the world's remaining territorial st...

Anthropogenic climate change is an existential threat to the people of sinking island states. When their territories inevitably disappear, what, if anything, do the world's remaining territorial states owe them? According to a prominent ‘nationalist’ approach to territorial rights – which distributes such rights according to the patterns of attachment resulting from people's incorporation of particular territories into their ways of life – the islanders are merely entitled to immigrate, not to reestablish territorial sovereignty. Even GHG-emitting collectives have no reparative (...) duty to cede territory, as the costs of upsetting their territorial attachments are unreasonable to impose, even on wrongdoers. As long as they allow climate refugees to immigrate, receiving countries have done their duty, or so the nationalist argues. In this article, I demonstrate that the nationalist's alleged distributive equilibrium is unstable. When the islanders lay claim to new territory, responsible collectives have a duty to modify their way of life – gradually downsizing their territorial attachments – such that the islanders, in time, may receive a new suitable territory. Importantly, by deriving this duty from the nationalist's own moral commitments, I discard the traditional assumption that nationalist premises imply a restrictive view on what we owe climate refugees. (shrink)

Journal of Social Philosophy, EarlyView.

It is by now widely agreed that a theory of territorial rights must be able to explain attachment or particularity: what can link a particular group to a particular place with the kind of normative force necessary to forbid encroachment or colonization?1 Attachment is one of the pillars on which any successful theory of territory will have to stand. But the notion of attachment is not yet well understood, and such agreement as does exist relies on unexamined assumptions. One such (...) assumption is that attachment is an achievement of some sort, as opposed to some kind of brute ascriptive status that a claimant has irrespective of anything it might do.But achievements do not come for free. 'Achievement' is a success .. (shrink)

National governments have failed spectacularly to mitigate anthropogenic climate change and a sustainable approach to mitigation remains out of sight. This circumstance alone demonstrates t...

Global climate change is likely to become a major cause of future migration. Small Island States are particularly vulnerable since territorial destruction caused by sea level rise poses a threat to their entire existence. This raises important issues concerning state sovereignty and self-determination. Is it possible for a state to remain self-determining even if it lacks a stable population residing on a specific territory? It has been suggested that migrants from disappearing Small Island States could continue to exercise sovereign control (...) over their abandoned territory. Such an arrangement would allow them to retain a measure of self-determination. The question posed in this paper is whether this ?deterritorialized state proposal? is conceptually plausible and normatively acceptable. It is argued that the proposal is conceptually plausible if we adopt a gradual understanding of ?self-determination?, but that its normative acceptability is weak even if it is supplemented with compensatory measures. (shrink)

This paper considers whether states have a duty to accept those who cross borders to escape environmental disasters associated with climate change. It then examines how such a responsibility might be distributed, focusing on the predicament of the citizens of small island states expected to be inundated by rising sea levels. In assessing states' responsibility to admit these individuals, I draw on Walzer's theory of mutual aid, demonstrating that even under this narrow conception of states' obligations, a duty to accept (...) displaced islanders can be established. However, the proximity principle is ill-suited to determining which states should shoulder responsibility in this situation. Drawing on Miller's account of remedial responsibility and his ‘connection theory,’ I suggest that the obligation to accept ‘environmental refugees’ should be shouldered principally by affluent states that share significant degrees of causal and moral responsibility for climate change, and also have particularly strong capacities to assist the displaced. (shrink)

In the presence of anthropogenic climate change, gross environmental degradation, and mass abject poverty, many political theorists currently debate issues such as people's right to water, the right to food, and the distribution of rights to natural resources more generally. However, thus far many theorists either focus (somewhat arbitrarily) only on one particular resource (e.g. water) or they treat all natural resources alike, meaning that many relevant distinctions within the group of natural resources are overlooked. Hence, the paper will start (...) with an analysis of the various forms which natural resources can take and how this might influence one's conception of resource rights. In so doing, the paper argues that we have to carefully distinguish between the actual physical resources people might control and how we distribute these, and the life-sustaining benefits each and every person draws from sustainable and functioning ecosystems. Based on this distinction, the paper will argue for a right to the benefits of life-sustaining ecosystem services as a universal basic right every person has. Further distributive claims with respect to particular physical resources would thus be limited by the requirements of such a basic right. (shrink)

Climate change presents an unprecedented and existential threat. Proposals addressing this threat are criticized as impractical, costly, and/or beyond the legitimate scope of government power. We engage the latter critique by turning to John Locke's writings. Locke is both a proponent of limited government and profoundly influential on liberal democracies. He argues that government exists solely to enforce the natural law, and in doing so, protects life, liberty, and property. While Locke presents the Earth's resources as existing to be exploited, (...) he limits property acquisition, arguing that natural law prohibits spoilage and requires that we leave ample, quality resources for others to utilize. We argue that since these caveats are part of the natural law, government is obligated to take comprehensive action addressing climate change. (shrink)

We now have good reason to worry that many coastal cities will be flooded by the end of the century. How should we confront this possibility (or inevitability)? What attitudes should we adopt to impending inundation of such magnitude? In the case of place-loss due to anthropogenic climate change, I argue that there may ultimately be something fitting about letting go, both thinking prospectively, when the likelihood of preservation is bleak, and retrospectively, when we reflect on our inability to prevent (...) destruction. I then explore some of the ethical complications of this response. (shrink)

Does humanity have a moral obligation toward the estimated millions of individuals who will be displaced from their homes over the course of this century primarily due to sea-level rise as the earth's climate warms? What form should these actions take?

This paper examines potential responses to emerging ‘climate refugee’ justice issues. ‘Climate refugee’ describes migrants forced to flee their homeland due to losses and damages brought about by events linked to global climate change. These include losses and damages due to extreme weather events, severe droughts and floods, sea-level rise, and an array of pollutant contamination issues. A paradigm case if climate refugeedom is seen in the influx of Peruvian immigrants into various North American cities; seeking asylum after losing access (...) to water and agricultural resources after heavy metals were released through rapid glacial melting and contaminated these necessities in recent years. -/- The main discussion begins with a sketch of the scientific picture of the causal genesis of the apparently worsening “climate refugee crisis” and a concise discussion of new climate science research methods, Probabilistic Event Attribution studies (PEAs), that many agree can be used to determine the liability of certain countries for particular extreme events due to climate change (§1). Against that background, and after providing clarifications regarding the distinction between ‘climate refugee’ and ‘environmental refugee’ (§2), I then discuss key ethical and political issues that are unique to climate refugee cases (§3). Subsequently, I critically assess options for helping climate refugees through existing institutions (§4). I endorse pursuing responses to the most pressing climate refugee problems through the provisions for addressing climate change “losses and damages” in the 2016 UN Framework Convention on Climate Change, “Paris Agreement”; which outlines “risk sharing” protocol that I contend can be used to help climate refugees who are not currently subject to existing UN policies designed to help other types of refugees (e.g. those fleeing from persecution or war). I conclude by outlining a number of ways that PEAs may aid in effectively implementing those losses and damages provisions. (shrink)

El artículo presenta y examina la teoría de la propiedad común de la tierra articulada y defendida por Mathias Risse, enfocándose en el caso de la inmigración, y arguye que la teoría tiene dificultades tanto inmanentes como con respecto a sus consecuencias, de modo que no puede hacerse cargo de los flujos migratorios que se retrotraen a la desigualdad económica en términos de justicia. Finalmente, en contraposición, se presenta una defensa de las fronteras abiertas en base a una concepción igualitarista (...) de la suerte global. (shrink)

Anthropogenic climate change is expected to contribute to mass migration from many different regions. Heyward and Ödalen (2016) propose a tailor-made migration option for victims of total territorial loss: a Free Movement Passport for the Territorially Dispossessed (PTD). The PTD presents a significant advancement over standard proposals for individual migration in response to total territorial loss. However, I argue that the compensatory obligations of states are more restrictive than the PTD scheme assumes (sec. 5), and that the contents of the (...) right to compensation of the territorially dispossessed are not as far-reaching as required by it (sec. 6). In response to these difficulties, I argue that its purpose is better served by means of collective migration and propose a Passport for Territorially Dispossessed Collectives, which is also well positioned to serve as a framework for compensating a range of other climate-change related losses (sec. 9). (shrink)

he territorial impacts of climate change will affect millions. This will happen not only as a direct consequence of climate change, but also because of policies for mitigating it—for example, through the installation of large wind and solar farms, the conservation of land in its role as carbon sink, and the extraction of materials needed for renewable energy technologies. In this article, we offer an overview of the justice-related issues that these impacts create. The literature on climate justice and territory (...) is vast and spans a range of disciplines, so we limit our discussion to a specific understanding of territory and a specific understanding of injustice that arises from its loss. We understand territory as a normative concept that describes a place under some agent's jurisdiction, where the agent is a politically organized collective and where the jurisdictional rights over that place secure a relevant degree of self-determination for that collective. Accordingly, we consider that the main injustice connected to the loss of territory due to climate change is the loss or undermining of the ability to exercise the collective right to self-determination, which requires some control over the place. This can happen if a territorial agent literally loses the ground where to stand as a direct effect of climate change, raising issues of justice in relocation; or if their place changes due to mitigation policies, affecting their use and understanding of territory, raising issues of justice in energy transition. In concluding, we point to topics for future research. (shrink)