There’s no international legal framework for dealing with—or even recognizing—climate refugees.
by adding a new category for “forced migrants,” which would include climate migrants as well as others who don’t fit under the 1951 definition. Othersbroader use of “free movement” provisions found within many regional trade agreements, which can accommodate climate refugees. Climate expert Michael Gerard has
that major emitters should take in a percentage of the world’s population that is displaced by climate change, roughly proportional to these countries’ contribution to the load of greenhouse gasses in the atmosphere.But any legal solution requires political will. And thus far, the U.S., the EU, China, and other major emitters haven’t warmed to the idea of accepting responsibility for climate displacement.
International human rights law does offer glimmers of hope for climate refugees. In 2020, the U.N.’s Human Rights Committee found that it’s unlawful for governments to return people to countries where their lives might be threatened by the climate crisis. The case involved a native of the rapidly sinking island nation of Kiribati who sought asylum in New Zealand.
that the effects of climate change may be considered human rights violations that preclude refugees from returning to their home countries. Legal scholars have hailed this as an incremental victory, opening the way for climate-related human rights abuse claims.While academics and lawyers are hammering out a legal solution for climate refugees, however, counties directly under threat are starting to get creative.
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