Climate-Induced Displacement under Refugee Law: Assessing the Legal Framework for Recognition and Protection

As a result of the direct and indirect effects of climate change, nations worldwide areexperiencing an increasing number of individuals forced from their homes, becoming migrantsdue to climate change. This creates major legal and humanitarian issues, especially if theDisplacement crosses national borders. The study critically explores the notion of climatechange-induced migrants under the current international legal framework, focusing on theinternational refugee law framework. The analysis concludes that circumstances which led totheir displacement are not under international refugee law and the law on statelessnessstateless person. As a result, they won't be covered by any of the legal categories. The studyalso identifies that there are some international, regional and national legal tools that mightprovide some level of protection, including the principle of non-refoulement, underinternational human rights law, and complementary protection under some regional anddomestic laws; however, these tools are weak and disjointed. Similarly, the internationalenvironmental law does not require protection of the people who are displaced byenvironmental degradation. This paper highlights the inadequacy of the current internationallegal framework in safeguarding the rights of climate change-induced migrants and suggeststhat a new international legal instrument should be adopted, while in the meantime aninternational guiding framework and innovative mechanisms such as a climate passportshould be implemented to protect their rights in an effective and durable manner.