Reconsidering the Status and Rights of Climate Refugees Under International Law

Kujo Elias McDave; Palmer Prince Dagadu

doi:doi:10.11648/j.ijls.20230602.18

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Reconsidering the Status and Rights of Climate Refugees Under International Law

Kujo Elias McDave, Palmer Prince Dagadu

Published in International Journal of Law and Society (Volume 6, Issue 2)

Received: 7 May 2023 Accepted: 15 June 2023 Published: 27 June 2023

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Abstract

In recent years, much ink has been spilled over legal and policy initiatives concerning climate change. While the argument about the most responsive, acceptable, and equitable way to manage our changing environment continues, a secondary concern is emerging. As the effects of our changing climate become more widely and deeply felt, climate change is increasingly being blamed for the relocation of individuals, communities, and, in some cases, entire nations. However, the struggle of those been displaced otherwise known as climate refugees goes mostly unnoticed and unsupported by the international community and poses serious legal difficulties for international law. The causing and escalating of mass migrations of people as a result of both short-term and long-term climatic disasters are mostly lacking in the mainstream public discourse. The issue of how to regulate and protect climate refugees is complex, and the answer will rely on how well each state can adapt to the changing environment. Studies predict that as many as 250 million people would have been displaced by the year 2050 either internally or across the borders because of climate change and this needs an utmost and urgent solution. However, it must be noted that the solution to this problem lies not only in terms of the determination to solve this issue but also a resolute to amend the legal regime underlying the challenge. Current legal frameworks are ambiguous as to whether and to what extent climate refugees should be protected under international law. The historic ruling of the United Nation Human Rights Committee in Ioane Teitiota v. New Zealand further increased academic interest in the matter and the increasing numbers climate refugees underscore the importance of this topic. The paper highlights the plight of climate refugees and suggests how the current protection gap in international law might be remedied. It proposes a creation of an international refugee protection framework that includes the recognition and protections for climate refugees. The proposed framework should create obligations to deal with both prevention and remediation of the climate refugee problem by establishing guarantees of human rights protections and humanitarian aid for climate refugees. It should also spread the burden of fulfilling those guarantees across the home state, host state, and international community and should also form institutions to implement the provisions within this framework.

Published in	International Journal of Law and Society (Volume 6, Issue 2)
DOI	10.11648/j.ijls.20230602.18
Page(s)	168-172
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2023. Published by Science Publishing Group

Keywords

Climate Refugees, Human Rights, Climate Change, Legal Protection, International Law

References

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[2]	Elizabeth Keyes. Environmental Refugees? Rethinking What’s in a Name. N. C. J. INT’L L. Vol. XLIV. 2019. Page 9.
[3]	Atsapattu, S, Climate Change: Disappearing States, Migration, and Challenges for International Law, (2014 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2477446. (Retrieved on 9/04/2023).
[4]	Biermann, F., & Boas, I, preparing for a warmer world: Towards a global governance system to protect climate refugees, (2010) Global Environmental Politics, 10 (1), 60-88.
[5]	Biermann, F., & Boas, I, Protecting climate refugees: The case for a global protocol, (2008) Environment: Science and Policy for Sustainable Development: Vol. 50, No. 6, pp. 8-17.
[6]	Berchin II, Valduga IB, Garcia J & de Andrea Guerra JBO, (2017) Climate change and forced migrations: An effort towards recognizing climate refugees. Geoforum 84: 147–150.
[7]	Lister, M, Climate change refugees. Critical Review of International Social and Political Philosophy, (2014) 17 (5): 618–634.
[8]	Jane McAdam. Managing Displacement in the era of Climate change. Georgetown Journal of International Law, (2019). https://gjia.georgetown.edu/2019/11/07/managing-displacement-in-the-era-of-climate-change/. (Last visited on 13/04/2023).
[9]	E Ferris & J Bergmann ‘Soft law, migration and climate change governance’ (2017) 8 Journal of Human Rights and the Environment 6-29.
[10]	Article 3 of the 1951 Refugee Convention.
[11]	Article 1 of the 1951 Refugee Convention.
[12]	Mareike van Nieuwkoop. “Climate Refugees” – We need protection for victims of Climate Change. 27 January 2022. https://naturaljustice.org/protection-for-victims-of-climate-change/ (Last visited 01/06/2023).
[13]	Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees. (2019). February 2019. https://www.unhcr.org/publications/legal/5ddfcdc47/handbook-procedures-criteria-determining-refugee-status-under-1951-convention.html. (Retrieved 20/04/2023).
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[16]	Hodgkinson, D & Young, L, “In the Face of Looming Catastrophe” – A Convention for Climate-Change-Displaced Persons’ in: Gerrard, MB and Wannier, GE (eds) Threatened Island Nations. (2013). Cambridge: Cambridge University Press.
[17]	McAdam, J ‘Swimming Against the Tide: Why a Climate Change Displacement Treaty is Not the Answer’ (2011) 23 International Journal of Refugee Law 1, pp. 2-27.
[18]	Williams, A ‘Turning the tide: Recognizing Climate Refugees in International Law’ (2008) 30 Law and Policy 4, pp. 502-529.
[19]	Biermann, F and Boas, I, ‘Protecting Climate Refugees: The Case for a Global Protocol’ (2008) November-December, Environment, p. 8.
[20]	Benoit Mayer, ‘The International Legal Challenges of Climate-Induced Migration: Proposal for an International Legal Framework’ (2011) 22 (3) Colorado Journal of International Environmental Law and Policy 361.
[21]	Kakissis, J, Environmental Refugees Unable to Return Home, (2010). N. Y. TIMES, available at http://www.nytimes.com/2010/01/04/world/asia/04migrants.html. (Last visited on 21/04/2023).
[22]	Biermann, F& Boas, I, preparing for a Warmer World: Towards a Global Governance System to Protect Climate Refugees, (2010). 10 GLOBAL ENVTL. POL. 60, 75.
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APA Style

Kujo Elias McDave, Palmer Prince Dagadu. (2023). Reconsidering the Status and Rights of Climate Refugees Under International Law. International Journal of Law and Society, 6(2), 168-172. https://doi.org/10.11648/j.ijls.20230602.18

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ACS Style

Kujo Elias McDave; Palmer Prince Dagadu. Reconsidering the Status and Rights of Climate Refugees Under International Law. Int. J. Law Soc. 2023, 6(2), 168-172. doi: 10.11648/j.ijls.20230602.18

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AMA Style

Kujo Elias McDave, Palmer Prince Dagadu. Reconsidering the Status and Rights of Climate Refugees Under International Law. Int J Law Soc. 2023;6(2):168-172. doi: 10.11648/j.ijls.20230602.18

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@article{10.11648/j.ijls.20230602.18,
  author = {Kujo Elias McDave and Palmer Prince Dagadu},
  title = {Reconsidering the Status and Rights of Climate Refugees Under International Law},
  journal = {International Journal of Law and Society},
  volume = {6},
  number = {2},
  pages = {168-172},
  doi = {10.11648/j.ijls.20230602.18},
  url = {https://doi.org/10.11648/j.ijls.20230602.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230602.18},
  abstract = {In recent years, much ink has been spilled over legal and policy initiatives concerning climate change. While the argument about the most responsive, acceptable, and equitable way to manage our changing environment continues, a secondary concern is emerging. As the effects of our changing climate become more widely and deeply felt, climate change is increasingly being blamed for the relocation of individuals, communities, and, in some cases, entire nations. However, the struggle of those been displaced otherwise known as climate refugees goes mostly unnoticed and unsupported by the international community and poses serious legal difficulties for international law. The causing and escalating of mass migrations of people as a result of both short-term and long-term climatic disasters are mostly lacking in the mainstream public discourse. The issue of how to regulate and protect climate refugees is complex, and the answer will rely on how well each state can adapt to the changing environment. Studies predict that as many as 250 million people would have been displaced by the year 2050 either internally or across the borders because of climate change and this needs an utmost and urgent solution. However, it must be noted that the solution to this problem lies not only in terms of the determination to solve this issue but also a resolute to amend the legal regime underlying the challenge. Current legal frameworks are ambiguous as to whether and to what extent climate refugees should be protected under international law. The historic ruling of the United Nation Human Rights Committee in Ioane Teitiota v. New Zealand further increased academic interest in the matter and the increasing numbers climate refugees underscore the importance of this topic. The paper highlights the plight of climate refugees and suggests how the current protection gap in international law might be remedied. It proposes a creation of an international refugee protection framework that includes the recognition and protections for climate refugees. The proposed framework should create obligations to deal with both prevention and remediation of the climate refugee problem by establishing guarantees of human rights protections and humanitarian aid for climate refugees. It should also spread the burden of fulfilling those guarantees across the home state, host state, and international community and should also form institutions to implement the provisions within this framework.},
 year = {2023}
}

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TY  - JOUR
T1  - Reconsidering the Status and Rights of Climate Refugees Under International Law
AU  - Kujo Elias McDave
AU  - Palmer Prince Dagadu
Y1  - 2023/06/27
PY  - 2023
N1  - https://doi.org/10.11648/j.ijls.20230602.18
DO  - 10.11648/j.ijls.20230602.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 168
EP  - 172
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20230602.18
AB  - In recent years, much ink has been spilled over legal and policy initiatives concerning climate change. While the argument about the most responsive, acceptable, and equitable way to manage our changing environment continues, a secondary concern is emerging. As the effects of our changing climate become more widely and deeply felt, climate change is increasingly being blamed for the relocation of individuals, communities, and, in some cases, entire nations. However, the struggle of those been displaced otherwise known as climate refugees goes mostly unnoticed and unsupported by the international community and poses serious legal difficulties for international law. The causing and escalating of mass migrations of people as a result of both short-term and long-term climatic disasters are mostly lacking in the mainstream public discourse. The issue of how to regulate and protect climate refugees is complex, and the answer will rely on how well each state can adapt to the changing environment. Studies predict that as many as 250 million people would have been displaced by the year 2050 either internally or across the borders because of climate change and this needs an utmost and urgent solution. However, it must be noted that the solution to this problem lies not only in terms of the determination to solve this issue but also a resolute to amend the legal regime underlying the challenge. Current legal frameworks are ambiguous as to whether and to what extent climate refugees should be protected under international law. The historic ruling of the United Nation Human Rights Committee in Ioane Teitiota v. New Zealand further increased academic interest in the matter and the increasing numbers climate refugees underscore the importance of this topic. The paper highlights the plight of climate refugees and suggests how the current protection gap in international law might be remedied. It proposes a creation of an international refugee protection framework that includes the recognition and protections for climate refugees. The proposed framework should create obligations to deal with both prevention and remediation of the climate refugee problem by establishing guarantees of human rights protections and humanitarian aid for climate refugees. It should also spread the burden of fulfilling those guarantees across the home state, host state, and international community and should also form institutions to implement the provisions within this framework.
VL  - 6
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Author Information

Kujo Elias McDave

Faculty of Law, Pentecost University, Accra, Ghana
Palmer Prince Dagadu

School of Law, Xiamen University, Xiamen, China

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Kujo Elias McDave, Palmer Prince Dagadu. (2023). Reconsidering the Status and Rights of Climate Refugees Under International Law. International Journal of Law and Society, 6(2), 168-172. https://doi.org/10.11648/j.ijls.20230602.18

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ACS Style

Kujo Elias McDave; Palmer Prince Dagadu. Reconsidering the Status and Rights of Climate Refugees Under International Law. Int. J. Law Soc. 2023, 6(2), 168-172. doi: 10.11648/j.ijls.20230602.18

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AMA Style

Kujo Elias McDave, Palmer Prince Dagadu. Reconsidering the Status and Rights of Climate Refugees Under International Law. Int J Law Soc. 2023;6(2):168-172. doi: 10.11648/j.ijls.20230602.18

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@article{10.11648/j.ijls.20230602.18,
  author = {Kujo Elias McDave and Palmer Prince Dagadu},
  title = {Reconsidering the Status and Rights of Climate Refugees Under International Law},
  journal = {International Journal of Law and Society},
  volume = {6},
  number = {2},
  pages = {168-172},
  doi = {10.11648/j.ijls.20230602.18},
  url = {https://doi.org/10.11648/j.ijls.20230602.18},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20230602.18},
  abstract = {In recent years, much ink has been spilled over legal and policy initiatives concerning climate change. While the argument about the most responsive, acceptable, and equitable way to manage our changing environment continues, a secondary concern is emerging. As the effects of our changing climate become more widely and deeply felt, climate change is increasingly being blamed for the relocation of individuals, communities, and, in some cases, entire nations. However, the struggle of those been displaced otherwise known as climate refugees goes mostly unnoticed and unsupported by the international community and poses serious legal difficulties for international law. The causing and escalating of mass migrations of people as a result of both short-term and long-term climatic disasters are mostly lacking in the mainstream public discourse. The issue of how to regulate and protect climate refugees is complex, and the answer will rely on how well each state can adapt to the changing environment. Studies predict that as many as 250 million people would have been displaced by the year 2050 either internally or across the borders because of climate change and this needs an utmost and urgent solution. However, it must be noted that the solution to this problem lies not only in terms of the determination to solve this issue but also a resolute to amend the legal regime underlying the challenge. Current legal frameworks are ambiguous as to whether and to what extent climate refugees should be protected under international law. The historic ruling of the United Nation Human Rights Committee in Ioane Teitiota v. New Zealand further increased academic interest in the matter and the increasing numbers climate refugees underscore the importance of this topic. The paper highlights the plight of climate refugees and suggests how the current protection gap in international law might be remedied. It proposes a creation of an international refugee protection framework that includes the recognition and protections for climate refugees. The proposed framework should create obligations to deal with both prevention and remediation of the climate refugee problem by establishing guarantees of human rights protections and humanitarian aid for climate refugees. It should also spread the burden of fulfilling those guarantees across the home state, host state, and international community and should also form institutions to implement the provisions within this framework.},
 year = {2023}
}

Copy | Download

TY  - JOUR
T1  - Reconsidering the Status and Rights of Climate Refugees Under International Law
AU  - Kujo Elias McDave
AU  - Palmer Prince Dagadu
Y1  - 2023/06/27
PY  - 2023
N1  - https://doi.org/10.11648/j.ijls.20230602.18
DO  - 10.11648/j.ijls.20230602.18
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 168
EP  - 172
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20230602.18
AB  - In recent years, much ink has been spilled over legal and policy initiatives concerning climate change. While the argument about the most responsive, acceptable, and equitable way to manage our changing environment continues, a secondary concern is emerging. As the effects of our changing climate become more widely and deeply felt, climate change is increasingly being blamed for the relocation of individuals, communities, and, in some cases, entire nations. However, the struggle of those been displaced otherwise known as climate refugees goes mostly unnoticed and unsupported by the international community and poses serious legal difficulties for international law. The causing and escalating of mass migrations of people as a result of both short-term and long-term climatic disasters are mostly lacking in the mainstream public discourse. The issue of how to regulate and protect climate refugees is complex, and the answer will rely on how well each state can adapt to the changing environment. Studies predict that as many as 250 million people would have been displaced by the year 2050 either internally or across the borders because of climate change and this needs an utmost and urgent solution. However, it must be noted that the solution to this problem lies not only in terms of the determination to solve this issue but also a resolute to amend the legal regime underlying the challenge. Current legal frameworks are ambiguous as to whether and to what extent climate refugees should be protected under international law. The historic ruling of the United Nation Human Rights Committee in Ioane Teitiota v. New Zealand further increased academic interest in the matter and the increasing numbers climate refugees underscore the importance of this topic. The paper highlights the plight of climate refugees and suggests how the current protection gap in international law might be remedied. It proposes a creation of an international refugee protection framework that includes the recognition and protections for climate refugees. The proposed framework should create obligations to deal with both prevention and remediation of the climate refugee problem by establishing guarantees of human rights protections and humanitarian aid for climate refugees. It should also spread the burden of fulfilling those guarantees across the home state, host state, and international community and should also form institutions to implement the provisions within this framework.
VL  - 6
IS  - 2
ER  -

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