The Tragedy of Floodplains [1]: Why Floodplains are Underutilized and What Can be Done About it?
Mir Muhtadi Faiaz 1, Raisul Millat Safkat 2
1,2 University of British Columbia, Vancouver, BC, Canada.
2 University of Dhaka, Bangladesh.
[1] The title is based on the famous essay titled “The tragedy of the commons” by Hardin (1968)
Volume 13, Issue 09, Pg. 11-24, 2020.
Abstract: Common pool resources (CPRs), widely referred to as common resources or commons, are resources which are hard to exclude from free-riders and one person’s consumption reduces the availability of the resource to others. Hardin argued that due to the nature of CPRs, these resources will be overused and hence lead to a ‘tragedy’. However, not all CPRs are over-exploited. Some CPRs, such as floodplains, suffer from the problem of underutilization. Floodplains are a special kind of CPR, which are seasonal water-bodies formed due to flooding of privately-owned lands during monsoons. Within the CPR governance literature, floodplains have received little attention. But floodplains are becoming increasingly important due to the formation of an increasing number of seasonal floodplains as a result of climate change and increased flooding, especially in low-lying countries such as Bangladesh. We construct a theoretical model using Ostrom’s Social-ecological system (SES) variables to explain the higher likelihood of underutilization of the floodplains. We argue that most of the floodplains remain underutilized and ungoverned due to high transaction costs for coordination, limited information and the capacity gap in the relevant community. We also elaborate on how the unique ‘community enterprise’ model can help communities sustainably utilize floodplains and helps towards achieving several Sustainable Development Goals (SDGs).
Keywords: Common pool resources, Floodplains, Climate, Social-ecological system
Environmental Human Rights: A New Approach to Sustainable Development
Pankaja T.C.
L. Law College, Davangere, Karnataka, India.
Volume 13, Issue 09, Pg. 25-34, 2020.
Abstract: Human rights are essential to the flourishing of all human beings regardless of their nationality or another status. Despite existence of the numerous documents and mechanisms created to protect human rights internationally, the full protection is far from being achieved. Linking human rights to environmental justice has been an arduous task, but contemporary environmental ethicists argue that giving a human face to the environment that nurtures and sustains us is a precondition for sustainable development. Violation of peace, pollution or exhaustion of the environmental resources jeopardizes the development not only of people, who have suffered from these violations directly but also that of future generations. The concept of sustainability addresses the issue of economic growth at present and how this impacts future generations. The three global values – peace, a healthy environment and sustainable development – are the principles of international cooperation. The understanding of the interdependence between these values and people marks the beginning of the search for a legal definition of ways to protect the physical existence and rights of individual human beings and humanity. In this article, the environmental human right to sustainable development is discussed as one of the human rights. It also discussed the lack of success of many of the Rio initiatives makes that make it appropriate to consider new approaches and that such approaches should be rooted in recognition of an inalienable right to a safe and healthy environment.
Keywords: Human Rights, Human Environmental Rights, Environment, Development, Sustainable Development
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Climate change as a key contributor to migrant crisis: a case study of developmental & environmental challenges to Kiribati people
Nabil Iqbal 1, Syeda Mehar Ejaz 2, Mohd. Altmash 3
1,2,3 Faculty of Law, Jamia Millia Islamia, New Delhi, India.
Volume 13, Issue 09, Pg. 43-54, 2020.
Abstract: Environmental Conservation discourse and concepts like ‘Climate Change’ and ‘Sustainable Development’ is not a new phenomenon; it is an intrinsic part of the third generation of human rights. Therefore, the right to a healthy environment is indeed a human rights issue and its denial is a human rights violation. As a part of the developing discourse on environmental conservation, a phenomenon which has been noted recently is the issue of ‘Climate Refugee’, which is used to refer to that group of people who have been forced to migrate from their original habitation due to climate processes such as rise in sea-level, salinization of agricultural land, desertification etc.
Although the genesis of this term can be traced back to 1985 when it was first used in United Nation Environment Programme (UNEP) report yet unfortunately, it has not been recognized officially in the international domain and is only limited to academic texts and U.N. reports. The apparent reason for such a lacklasdial approach is due to the reason that the term ‘Refugees’ has a very narrow definition in the legal context, environment-related migration is not covered within their ambit.
The issue of human migration due to environmental issues had been predicted three decades ago. The 1990 report of the Intergovernmental Penal on Climate Change (IPCC) had explicitly warned that the greatest impact of climate change could be on human migration- with millions of people displaced due to factors like shoreline erosion, coastal flooding, and agriculture disruption. Since then, several analysts have tried to predict the number of people likely to become climate refugees, the latest estimate pegging them at 200 million by the year 2050. The problem has assumed a grave proportion due to the lack of proper support from the international organizations and various countries. Perhaps the greatest irony related to climate refugees is that it affects those who have the least involvement in environmental degradation.
This paper deals with one such place viz., Kiribati, a small island country located in the Pacific Ocean, which is facing various environmental and developmental challenges for many decades. Factors such as – rise in sea level, water pollution, water-borne diseases and loss of land due to the contraction of the Island have forced the people of Kiribati to relocate themselves to a safer place.
According to IPCC, Kiribati may become uninhabitable for humans by 2050 due to coastal water erosion and freshwater contamination. What makes their task even more challenging is the fact that Climate refugees are not covered under the domain of ‘Refugees’; therefore, the inhabitants of Kiribati face challenges whether they continue with their lives in Kiribati or choose to migrate to other countries. This has denied them access to basic amenities of life, security and the future, as a result, they have been pushed to the margins and are forced to live an inhuman life. The indifference of the international community towards this grave issue can be appropriately dealt with by treating the climate refugees as victims of climate change and economic crisis.
In a recent development, their efforts received a boost when it received support from UNHCR, which recognised the status of ‘Climate Refugee’, in a case related to a native of Kiribati i.e. Ioane Teitiota. However, mere labelling of persons as climate refugees is a futile exercise and does not change their situation nor does it assure them of protection. There is an urgent need for Proper recognition and a coordinated approach at both the national and international levels (refugee laws, environmental laws and migration laws) are needed.
Therefore, this paper seeks to integrate the existing research and analyse the prevalent discourse to understand the challenges and predicaments of the people of Kiribati and explore various options through which their interests can be safeguarded effectively. Furthermore, the researchers have attempted to come up with an efficacious solution for the protection of migrants who have been victims of climate change.
Keywords: Climate Change; Climate Refugees; International Community; Kiribati