Journal of Environmental Law & Litigation : Vol. 36 (2021)
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Browsing Journal of Environmental Law & Litigation : Vol. 36 (2021) by Subject "Climate change"
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Item Open Access Legal Protection for the Cross-Border Climate-Induced Population Movement in South Asia: Exploring a Durable Solution(University of Oregon School of Law, 2021-05-14) Zaman, Sharaban TahuraIt is undeniable that South Asian cross-border climate-induced population movement is a reality, and State actors cannot deny, avoid, or sidestep this dire crisis. If the habitual home becomes uninhabitable and the right to life comes under existential threat with no alternative quality options, people are obliged to move to save their lives. Therefore, this Article suggests adopting a nonbinding legal framework in South Asia with consideration of all barriers and challenges, along with the note that at an international level less hope is left to adopt a protection mechanism for cross-border climate-induced population movement.Item Open Access When the Rivers Run Dry: Adapting Prior Appropriation Systems to Protect Marginalized Communities in Times of Drought(University of Oregon School of Law, 2021-05-14) Housel, TomWater is undoubtedly one of our most precious resources, and the western United States is expected to face increasing scarcity as the climate continues to change and more people flock to arid cities like Los Angeles and Phoenix. Most surface waters of the western United States are fully appropriated, and climate change is further stressing those systems as water scarcity and drought occur more frequently. Low-income communities will suffer more than wealthier counterparts in times of scarcity under the current prior appropriation systems used by states in the West. Western states must be proactive in implementing safeguards to protect citizens when faced with water emergencies, as it is inevitable that drought and water scarcity will continue to be a threat to the stability of these communities in the coming decades.