People or Property: Legal Contradictions, Climate Resettlement, and the View from Shifting Ground

The book explores the intersection of property law, relocation, and resettlement processes in the US and among communities facing migration as an adaptation strategy, highlighting legal contradictions that affect resettlement and place certain communities at risk.

Format: Paperback / softback
Length: 242 pages
Publication date: 10 November 2023
Publisher: Springer International Publishing AG

The intersection of property law, relocation, and resettlement processes in the United States and among communities that grapple with migration as an adaptation strategy is explored in this open access book. As communities face the prospect of relocating due to rising seas, policy makers, disaster specialists, and community leaders are scrambling to understand what adaptation pathways are legally possible. While in its ideal application, law functions blindly and without variation, the authors find that legal contradictions come to bear on resettlement processes and place certain communities further in harms way. This book will unearth these contradictions in order to understand why successful community-based resettlement has presented such a challenge to communities that are experiencing increasing land deterioration as a result of climate change.

Property law plays a crucial role in the resettlement process, as it determines the rights and obligations of individuals and communities regarding land and property. However, the law can be complex and contradictory, particularly when it comes to resettlement in the context of climate change. For example, some communities may have legal claims to their land, but these claims may be weakened or invalidated by climate change-related factors such as sea level rise, erosion, and flooding. This can make it difficult for communities to secure the necessary funding and resources to relocate and rebuild their homes.

Relocation can be a traumatic and disruptive experience for individuals and communities. It can involve the loss of homes, livelihoods, and social networks, and can lead to long-term health and social problems. However, relocation can also be a necessary adaptation strategy in the face of climate change. By moving to higher ground or other areas that are less vulnerable to climate change, communities can reduce their risk of damage and loss.

However, relocation can also be a source of conflict and tension between communities and other stakeholders. For example, some communities may be reluctant to relocate because they fear that they will lose their cultural identity or that they will be treated unfairly by the government or other organizations. This can lead to protests, demonstrations, and other forms of resistance.

To address these challenges, policy makers and other stakeholders need to work together to develop effective resettlement policies and practices. This may involve providing funding and resources to communities to help them relocate and rebuild their homes, as well as providing support for cultural preservation and social integration. It may also involve working with communities to develop land use plans that are resilient to climate change.

One of the key challenges facing resettlement in the context of climate change is the lack of data and information. Many communities do not have access to the data and information they need to make informed decisions about their resettlement options. This can make it difficult for communities to secure the necessary funding and resources to relocate and rebuild their homes.

To address this challenge, the authors of this book recommend the development of a national resettlement database. This database would collect data on resettlement policies and practices, as well as data on the impact of climate change on resettlement. This database would be accessible to communities, policy makers, and other stakeholders, and would help to inform decision-making about resettlement.

In addition to the development of a national resettlement database, the authors of this book recommend the development of a national resettlement strategy. This strategy would provide a framework for resettlement policies and practices, and would include a range of measures to address the challenges facing resettlement in the context of climate change. This strategy would also include a commitment to cultural preservation and social integration, and would involve working with communities to develop land use plans that are resilient to climate change.

Another challenge facing resettlement in the context of climate change is the impact of climate change on the environment. Climate change can lead to the degradation of land and water resources, which can make it difficult for communities to rebuild their homes and livelihoods. This can also lead to the displacement of wildlife and the loss of biodiversity.

To address this challenge, the authors of this book recommend the development of sustainable land use practices. This may involve the use of renewable energy sources, the conservation of natural resources, and the reduction of greenhouse gas emissions. It may also involve the development of green infrastructure, such as parks and green spaces, which can help to mitigate the impact of climate change on the environment.

In addition to the development of sustainable land use practices, the authors of this book recommend the development of climate change adaptation strategies. These strategies may involve the use of early warning systems, the development of disaster preparedness plans, and the provision of support for vulnerable communities.

Finally, the authors of this book recommend the development of a global resettlement framework. This framework would provide a framework for resettlement policies and practices, and would include a commitment to cultural preservation and social integration, as well as a commitment to sustainable land use practices and climate change adaptation strategies. This framework would also involve working with communities to develop land use plans that are resilient to climate change.

In conclusion, the intersection of property law, relocation, and resettlement processes in the United States and among communities that grapple with migration as an adaptation strategy is a complex and challenging issue. While in its ideal application, law functions blindly and without variation, the authors find that legal contradictions come to bear on resettlement processes and place certain communities further in harms way. This book will unearth these contradictions in order to understand why successful community-based resettlement has presented such a challenge to communities that are experiencing increasing land deterioration as a result of climate change. By working together to develop effective resettlement policies and practices, we can help to ensure that communities are able to adapt to the changing climate and thrive in the future.

Dimension: 210 x 148 (mm)
ISBN-13: 9783031368745
Edition number: 1st ed. 2024