Transcript Achieving Justice within the international legal system: prospects for

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
2. Remedial justice mechanisms available where
systems / infrastructure (above) ineffective
1.