Abstract

The sustainable development goals (sdgs) with their integrated linkage of development and environmental concerns have been hailed as a paradigm shift in the attainment of sustainability. The article attempts to understand the normative framework that underwrites international law and sdg-13 vis-a-vis climate change with a special focus on climate-induced displacement. It explores the existing provisions, limitations, and gaps under international law with regard to displacement associated with climate change. More specifically, the analysis assesses the potential of hybrid law in promoting the goals of sdg-13. The hybrid law approach proposed in this article involves the amalgamation of substantive norms from different branches of international law, integration of norms of differing legal status and engagement of state and non-state actors. The analysis explores the concept of hybrid law, surveys the Nansen Protection Agenda and the Global Compact on Migration and analyses their suitability in exploring solutions to climate displacement. The article evaluates how the adoption of the sdgs provides a foundation for the development of a hybrid law in examining solutions to climate displacement under sdg-13.

Highlights

  • From Sustainable Development to SustainableDevelopment Goals*The Sustainable Development Goals encompass 17 aspirational goals and 169 specific targets to achieve by 2030 in an integrated, interdependent and indivisible manner while balancing the economic, social, and environmental dimensions of sustainable development.[1]

  • The analysis explores the concept of hybrid law, surveys the Nansen Protection Agenda and the Global Compact on Migration and analyses their suitability in exploring solutions to climate displacement

  • The article, while considering the indivisibility of sdgs, and the unique opportunity it presents to reformulate international law advocates a hybrid law approach to deal with the situations of climate displacement and, more broadly, for the achievement of the specific sdg-13 goals and the realization of sustainable development

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Summary

Introduction

The Sustainable Development Goals (sdgs) encompass 17 aspirational goals and 169 specific targets to achieve by 2030 in an integrated, interdependent and indivisible manner while balancing the economic, social, and environmental dimensions of sustainable development.[1]. The article, while considering the indivisibility of sdgs, and the unique opportunity it presents to reformulate international law advocates a hybrid law approach to deal with the situations of climate displacement and, more broadly, for the achievement of the specific sdg-13 goals and the realization of sustainable development. 403–407; Elizabeth Ferris, ‘Governance and Climate Change-induced Mobility: International and Regional Frameworks’ in Dimitra Manou et al Climate Change, Migration and Human Rights: Law and Policy Perspectives (London and New York: Routledge, 1st edition, 2017), pp. Contribution of Working Group iii to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge, United Kingdom and New York, usa: Cambridge University Press, 2014), pp. 31 Francois Gemenne, ‘Why the Numbers Don’t Add Up: A Review of Estimates and Predictions of People Displaced by Environmental Changes’, Global Environmental Change, 21/1: 41–49 (2011), p. 43; Jane McAdam, Climate Change, Forced Migration, and International Law (Oxford: Oxford University Press, 1st edition, 2012), pp. 26–27; Fanny Thornton, ­Climate Change and People on the Move: International Law and Justice (Oxford: Oxford University Press, 2018), pp. 14–17

32 Beyond Borders
41 Transforming Our World
Locating and Developing Hybrid Law in the Context of Climate Displacement
Hybrid Law Development under the unfccc and the Paris Agreement
Hybrid Law
Conclusion
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