The verdict of the UN Human Rights Committee poses the issue of a potential entitlement to asylum for humans experiencing climate-induced displacement. Thus this thesis is gonna examine this rather new topic of the political science: the future forced migration in the context of climate change and its consequences for the receiving countries and their legal systems. Consequently, for one thing in this thesis it will be tried to point out the causal correlation of climate change and migration and, moreover, on this basis tried to undertake reflections regarding a potential need for reformation of national and international refugee and asylum law in order to protect the affected people. Since justice is highly important for social cooperation and also currently being tested by not only the global resource scarcity and its resulting conflicts, but also, as shall be shown with this thesis, by the that very human-induced climate change, the focus of this work shall not be put on the potential implementation of climate refugees into the law of nations, but rather on the more philosophical question of justification regarding a potential asylum for the (prospective) victims of climate change.
The leading question of this examination is thus gonna be, if the claim to asylum due to the persecution through human-induced climate change is a just claim – or just a claim. Because the abstract term of justice and its concepts, which vary depending on the author, could fill a thesis on its own, this work will use the specific theory of justice of political philosopher John Rawls and thus will, in pursuit of the main goal to concretely judge the obligation of states towards climate refugees on basis of an abstract justice term, outline his theory of “justice as fairness”.
Table of Contents
1. Introduction
1.1. Problem Formulation
1.2. State of Research
1.3. Topical Relevance
1.4. Scientific Approach
2. Climate Change and Migration
2.1. Conceptual History and Definitions
2.2. Legal Status of Climate Refugees
2.3. Hotspots for Climate-Induced Displacement
2.3.1. Island Nations
2.3.2. Tropical Coasts
2.3.3. Sahel
3. John Rawls' Conception of Justice
3.1. Justice as Fairness
3.2. Principles of Justice
3.3. Original Position
3.4. Law of People
4. Justice of Asylum for Climate Refugees
4.1. Judgement by Rawls' Principles of Justice
4.2. Climate Asylum Laws in Original Position
5. Conclusion
Objectives and Thematic Focus
This thesis examines the philosophical justification for granting political asylum to climate refugees, specifically applying John Rawls' theory of "justice as fairness" to determine the obligations of industrial nations toward those displaced by human-induced climate change.
- Analysis of the nexus between climate change and forced migration.
- Evaluation of the current international legal status of climate refugees.
- Application of John Rawls' "Original Position" and "Veil of Ignorance" to asylum policies.
- Critique of the G20 nations' responsibility regarding climate-induced displacement.
- Development of a normative framework for just asylum entitlements in a changing climate.
Excerpt from the Book
2.3.1. Island Nations
The most transparent and one of the most dangerous threats of climate change to humankind is the rise of the sea water level. Observations of greenhouse gas emissions and the consequent global warming demonstrate, as a big part of the cryosphere (glaciers, Arctic sea ice, permafrost, major ice sheets) is thawing to some extent, affecting sea level directly, the sea level rise of the 20th century exceeds that of the century before by at least 1 millimeter annually – a human-induced trend that has been observable for the past 50 years. The Intergovernmental Panel on Climate Change (IPCC) predicts an increase of 0,3 to 1 meter, possible up to 2 meters in some regions, with low-lying coastal regions, such as river deltas and islands, obviously being most effected – 40 million inhabitants of developing and threshold countries are already threatended by floodings, a number steadily increasing given the demographic growth in these regions. Especially vulnerable to natural disasters and resulting humanitarian catastrophes, manifesting in a tendency across continents towards high or very high catastrophe risks for such regions, are pacific island nations like Vanuatu (56,71%), the Solomon Islands (29,36%) or Kiribati (14,64%), which became widely known through the UN Human Rights Committees verdict in January 2020 - in comparison the catastrophe risk of Germany is only at 2,43%.
The particular threat for these island nations is not solely comprised of the fact that they are directly affected by the rising sea level, as most of the land area of these 22 small island nations in the South Pacific, which themselves inhabitant already about 7 million people, is situated just a few meters above sea level, but also resulting from the higher sea level are more often occurring tropical storms with increasing intensity, as well as the long-term destruction of coastal habitats through these storms and floodings, which entail the salinization of the once fertile acreages and the blending of the anyhow sparsely existing ground water and salt water, making agriculture impossible and seriously endangering the freshwater supply of these islands.
Summary of Chapters
1. Introduction: Outlines the problem of climate-induced migration and the urgent need for a philosophical assessment of asylum rights for the displaced.
2. Climate Change and Migration: Investigates the definitions of climate refugees and identifies geographical hotspots such as island nations and the Sahel zone.
3. John Rawls' Conception of Justice: Explores the theoretical framework of "justice as fairness," the original position, and the law of peoples as a basis for evaluating social cooperation.
4. Justice of Asylum for Climate Refugees: Applies Rawlsian principles to argue that climate-induced migration constitutes a just claim for asylum within the context of global responsibility.
5. Conclusion: Summarizes that although complex, the moral imperative for industrial nations to protect climate refugees is derived from the necessity of preserving basic human liberties.
Keywords
Climate Change, Migration, Asylum, John Rawls, Justice as Fairness, Climate Refugees, Original Position, Environmental Degradation, Human Rights, Global North, Industrial Nations, Social Cooperation, Displacement, Law of Peoples, Sustainability.
Frequently Asked Questions
What is the core focus of this thesis?
The thesis explores whether the claim to asylum for individuals displaced by human-induced climate change is a "just claim" based on the political philosophy of John Rawls.
Which central topics are discussed?
The work covers the definitions of climate migration, legal frameworks regarding refugees, geographical hotspots like island nations, and the application of Rawlsian ethics to international policy.
What is the primary research goal?
The objective is to evaluate the obligation of states—particularly industrial nations—to provide protection to climate refugees through the lens of egalitarian liberalism.
Which scientific method is utilized?
The author uses a mix of theoretical, philosophical analysis and a descriptive evaluation of empirical data concerning climate change impacts and case studies of affected regions.
What does the main part of the work cover?
It details the concept of "justice as fairness," the "original position," and projects these concepts onto the current global situation regarding the lack of asylum rights for those displaced by climate change.
Which keywords best characterize this work?
Key terms include Climate Change, Asylum, Justice as Fairness, Rawls, and Climate Refugees.
How does the "veil of ignorance" apply to climate refugees?
The "veil of ignorance" forces decision-makers to design rules without knowing if they will be climate-displaced victims or protected citizens, leading to a focus on the "maximin" rule to protect the least advantaged.
Does the author recommend changing the Geneva Convention?
The author argues that while necessary, a direct renegotiation of the GFK (Geneva Convention) might be dangerous for existing refugee protections, suggesting instead the creation of new, specific legal instruments.
Why are island nations considered specific hotspots?
Island nations like Kiribati and Tuvalu are at extreme risk of total submersion due to sea-level rise, leaving their inhabitants with no internal alternative but to migrate.
What is the "causative principle" mentioned by the author?
The causative principle refers to the moral responsibility of industrial nations (the major emitters of greenhouse gases) to address the consequences of their actions on vulnerable populations in the global south.
- Quote paper
- Anonym (Author), 2020, Climate Change as a Reason for Asylum. A just Claim?, Munich, GRIN Verlag, https://www.grin.com/document/935461
