The role of international law in governing climate-induced migration: normative gaps and policy innovations

Climate-induced migration is an escalating global crisis that highlights significant gaps in existing international legal frameworks. This paper critically examines whether instruments such as the 1951 Refugee Convention, the UNFCCC, and international human rights treaties provide adequate protection for individuals displaced by climate-related events. Using a qualitative legal doctrinal approach, comparative analysis, and empirical evidence from IDMC, IOM, and IPCC datasets, the study develops an interdisciplinary framework integrating legal analysis, climate science, and international policy perspectives. The findings reveal that climate-displaced persons remain largely unrecognized under current refugee law, resulting in a substantial normative protection gap. Institutional fragmentation among organizations such as UNHCR, IOM, and UNFCCC further limits coordinated and binding responses. While Global South countries have developed adaptive policy approaches despite resource constraints, Global North countries require clearer legal positions on climate displacement. The study highlights the importance of scientific tools, including climate attribution and habitability assessments, in shaping anticipatory legal responses. It proposes a three-pronged climate mobility governance framework involving a Climate Mobility Protocol, expanded human rights protections, and dedicated mechanisms such as a UN Climate Mobility Taskforce and Global Climate Mobility Observatory to establish a coherent, rights-based approach to climate-induced migration governance.