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- Title
SHIFTING BORDERS, SUBMERGED STATES, AND NOVEL HUMAN RIGHTS CLAIMS: HOW CLIMATE CHANGE IMPACTS COULD HELP REMEDIAL SECESSION CRYSTALLIZE INTO CUSTOMARY INTERNATIONAL LAW AND BRING OPPRESSED PEOPLES CLOSER TO INDEPENDENCE.
- Authors
Udell, Joe
- Abstract
Whether the right to self-determination provides oppressed peoples with the ability to secede under a remedial theory remains a controversial and unsettled issue. To date, it appears that remedial secession has not yet crystallized into customary international law. However, one of the plausible outcomes of the climate crisis is that the myriad impacts on human and planetary health could eventually lead to bold new interpretations of international law. This paper assesses the likelihood of that possibility and explains how certain oppressed peoples on the frontlines of the climate crisis could then argue that their human rights have been sufficiently violated by the parent state to bolster their case for secession under a remedial theory. Additionally, this paper explores how that discourse might materialize in practice using case studies from Kenya and Sri Lanka, while also highlighting potential obstacles that could complicate fulfilling the relevant remedial secession requirements.
- Subjects
CLIMATE change &; politics; SECESSION; RIGHT to self-determination; INTERNATIONAL law; HUMAN rights
- Publication
Vermont Journal of Environmental Law, 2023, Vol 25, Issue 1, p28
- ISSN
1936-4253
- Publication type
Article