How do we stop islands sinking? - BBC Learning English

23,872 views ・ 2021-10-19

BBC Learning English


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Rising sea levels, coupled with an increase in severe storms,
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destroy homes and ruin livelihoods.
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But how can the law help?
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Can it help provide a solution?
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You'll learn what lawmakers are doing to deal with this threat.
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What is behind rising sea levels
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and increasingly severe and unpredictable storms?
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Can anyone be blamed?
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Why those most affected are often least to blame...
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and how the law can help them.
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40% of people live within 100km of the coast
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and one in ten of us live in coastal areas
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that are less than 10m above sea level.
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Sea levels are rising.
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According to the United Nations,
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recent rises are the fastest in nearly 3,000 years.
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Rising seas and storms wash away the land, flood homes,
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ruin drinking water supplies
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and poison our crops.
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It's driven by rising temperatures melting polar ice
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and even expanding the water that is already there.
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And scientists agree:
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humans are the cause.
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It's impossible to blame any one person,
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country or company,
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but it's clear the impact won't be fair.
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Smaller island countries will be hardest hit,
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but they often create very little pollution.
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So, how can they get help?
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Francesco Sindico, from the University of Strathclyde
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and the Climate Change Litigation Initiative,
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explained why this issue would take a long time to solve internationally.
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It will be very difficult for international law
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to operate at the same speed of national law,
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where you have laws created by a parliament,
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enforced by – for example – the police,
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and judges that can take decisions.
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That's not how international law works,
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and because there are so many countries,
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on such a very complex matters, often there is a compromise,
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which means that things will be dealt with slowly.
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Unlike national law,
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international law doesn't have just one country making rules;
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lots of countries are involved,
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which means they take time to come to a compromise agreement.
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So, how easy is it to find out who's responsible?
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It is very difficult to pinpoint
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a country or an actor responsible
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for an island that may... or is already sinking.
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The problem is climate change.
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The emissions are coming from all over the world.
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Having said that, in the last five to ten years,
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there is a clearer understanding
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that some countries and some private actors
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are more responsible than others.
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The nature of climate change makes it very hard to identify
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who is responsible for something like a sinking island.
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So, what have people done
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to identify who is responsible, legally?
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Five or ten years ago, a study called the Carbon Majors study
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highlighted that the overwhelming majority
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of the emissions – of the problem –
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really comes from a handful of companies.
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And individuals have used this study
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to go in front of a judge and tell him or her:
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'Look. Now, we know that there's a connection
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between the problem – climate change –
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and the activity of these companies.'
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More research is being done into climate change.
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Some campaigners use studies as evidence
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to prove a company's responsibility.
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And who are these campaigners?
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We have children, literally,
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going after the governments of the countries where they live.
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At the same time, you also have elderly people
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who are seeing their livelihood suffering because of climate change
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and are using all sorts of law:
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human rights – they're using international law
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and they're using a number of very interesting,
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even creative, new legal strategies.
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A huge range of people are campaigning.
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Children and the elderly are getting involved,
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using human rights and international laws in creative ways.
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So, that shows how hard it can be for the law
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to protect a sinking island.
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Now, let's take a look at the people
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who are trying to live on these vanishing islands.
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The entire Pacific region contributes
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just 0.03% of total greenhouse gas emissions.
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Seventeen-year-old Hereiti lives on Rarotonga,
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one of the Cook Islands in the Pacific Ocean.
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As a Polynesian person, I have a connection to it.
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Since we first started voyaging across it,
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it's been the lifeblood of our islands and our culture.
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But with rising sea levels and pollution, I feel like that...
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that history that we've had for thousands of years
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might end up being lost.
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Rising sea levels result in strong wave action and coastal flooding,
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causing the coast to erode.
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We're seeing a lot of coastal erosion happening
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on all our islands here in the Cook Islands,
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particularly around the northern islands
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because there are low-lying atolls.
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We might have to consider relocating to higher areas –
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so, inland more – and abandon the coast.
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But where do people like these go?
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And how can the law help them?
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We spoke to Simon Behrman,
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a law professor from the University of Warwick.
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He specialises in how the law helps refugees.
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He explained the situation for people forced to move by climate change.
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So, there's not much, in terms of laws,
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that allow people to move from one country to another.
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Some parts of the world have their own individual laws
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that give some rights to people to enter for work visas,
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but in the main the only recourse that people will have
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are to some aspects of human rights law,
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such as, for example, the right to life,
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which may help people claim a right to live elsewhere.
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People aren't allowed to move to another country due to climate change.
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But human rights laws can help them try.
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He explains the limits of refugee law.
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But a refugee is defined in very narrow terms in international law.
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Essentially, you have to prove that you have been persecuted
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and that is why you have left your country of origin,
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but obviously climate change – or the effects of climate change –
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don't persecute people, and so as a result,
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unfortunately, at the moment, people fleeing the effects of climate change
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do not have access to the protection of international refugee law.
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You can only be a refugee if you are being persecuted –
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treated badly because of something like your gender, race or beliefs.
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Climate change doesn't persecute.
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So, what laws are being used to help?
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The main route at the moment is to bring cases
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related to the principle of non-refoulement.
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This principle simply means that people cannot be sent back
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to places where they face a serious risk of harm.
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Lawyers are attempting to argue that in some parts of the world
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the effects of climate change are so severe,
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that sending people back there would violate that principle.
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Without refugee status, lawyers are using 'non-refoulement' principles:
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they ban sending people back into a dangerous place
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where they are at risk of harm.
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So, is this enough?
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The numbers of climate refugees are estimated
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to reach many tens of millions of people this century,
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possibly many more than those displaced by wars and persecution.
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Already, millions of people every year are having to leave their homes
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because of climate change. Some entire countries,
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such as certain Pacific island states,
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are predicted to become completely uninhabitable
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over the next ten to twenty years.
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We have a responsibility to help these people.
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Simon thinks the size of the problem means
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the law around people forced out of their homes
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due to climate crisis should change.
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We've seen the scale of the problem for the law.
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It's very hard to say who's responsible for a sinking island.
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But we've seen that the law is changing to fix that.
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And we've seen that lawyers are working to keep people
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who are at risk safe in the future.
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