“FLEEING THE CLIMATE: THE NEED FOR PROTECTION OF CLIMATE REFUGEES IN THE LIGHT OF INTERNATIONAL LAW”
Abstract
Climate change, which is already making itself felt, poses challenges for international law and the international community. Climate change and its consequences will lead to (involuntary) human mobility and affect many people. This forced migration is not yet specifically addressed by international law. This article addresses climate-induced migration and the protection of climate refugees through international refugee and migration law, international human rights law, international environmental law, climate change law and international disaster law. It analyzes how and, above all, why climate refugees are protected. The core thesis of the article is the justification of a need for protection of climate refugees, which is directed against the international community of states. According to this, states have a duty to prevent the causes of flight and must also protect climate refugees during and after their mobility. It argues that a minimum standard of protection for climate-related, disaster-induced migration already exists under current law and examines how this can be effectively developed and expanded to ensure adequate protection. Furthermore, it is argued, that the best way to address climate induced migration would be within a Global Governance system. The article focuses on a legal analysis but also draws on findings from other disciplines. The relevance of the topic is increasing as climate change progresses and international law develops.
Recommended Citation
Carina Dietmayer, “FLEEING THE CLIMATE: THE NEED FOR PROTECTION OF CLIMATE REFUGEES IN THE LIGHT OF INTERNATIONAL LAW”, 37 Pace Int'l L. Rev. 299 (2025)DOI: https://doi.org/10.58948/2331-3536.1451
Available at: https://digitalcommons.pace.edu/pilr/vol37/iss2/6
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