The Efficacy of International Law in Protecting Climate Refugees

While the international community is well aware of climate change's catastrophic consequences, proposed state-centric solutions neglect a crucial aspect - the inevitable climate change-induced refugee crisis. While the strife of climate refugees deserves international recognition, a gap in the legal system currently renders them unable to seek legal protections. This paper will provide a critical analysis of the efficacy of international law in dealing with climate refugees. It will first explore international refugee law, revealing how its existing mechanisms do not recognize the refugee status of those displaced by climate change. Turning to international human rights, it is evident that this regime fails to provide a right for climate refugees to enter and reside in another state. Finally, by analyzing the international environmental law regime, it is contended that its foundational principles and financial mechanisms may provide a favourable route for climate refugees to seek international legal protections.