Threatened Island Nations: Legal Implications of Rising Seas and a Changing Climate

Michael B. Gerrard · Gregory E. Wannier

xan. de 2013 · Cambridge University Press

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Rising seas are endangering the habitability and very existence of several small island nations, mostly in the Pacific and Indian oceans. This is the first book to focus on the myriad legal issues posed by this tragic situation: if a nation is under water, is it still a state? Does it still have a seat at the United Nations? What becomes of its exclusive economic zone, the basis for its fishing rights? What obligations do other nations have to take in the displaced populations, and what are these peoples' rights and legal status once they arrive? Should there be a new international agreement on climate-displaced populations? Do these nations and their citizens have any legal recourse for compensation? Are there any courts that will hear their claims, and based on what theories? Leading legal scholars from around the world address these novel questions and propose answers.

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Michael B. Gerrard is Andrew Sabin Professor of Professional Practice at Columbia Law School, where he teaches courses on environmental and energy law and directs the Center for Climate Change Law. He is also Associate Chair of the Faculty of Columbia's Earth Institute. Before joining the Columbia faculty in January 2009, he was partner in charge of the New York office of Arnold and Porter LLP, where he continues as Senior Counsel. He is author or editor of ten prior books, two of which were named Best Law Book of the Year by the Association of American Publishers: Environmental Law Practice Guide (twelve volumes, 1992) and Brownfields Law and Practice: The Cleanup and Redevelopment of Contaminated Land (four volumes, 1998). His other most recent books are The Law of Green Buildings (with Cullen Howe, 2010), The Law of Clean Energy: Efficiency and Renewables (2011) and The Law of Adaptation to Climate Change: US and International Aspects (with Katrina F. Kuh, 2012).