Climate change displacement : challenges for international law?

Abstract

The relationship between human mobility and the state of the environment has always been interlinked. With climate change underway, this relationship is expected to intensify. Climate repercussions such as sudden-onset disasters are increasing in frequency and strength, while gradual deterioration is intensifying. Coupled with underlying geographical factors, socio-economic conditions, and existing environmental threats, climate change is exposing individuals and entire communities to direr conditions and predicaments such as forest fires, desertification, and weather hazards. It also has implications on the enjoyment of human rights for those affected, jeopardising fundamental rights like the right to life and an adequate standard of living. Climate-induced movement can manifest in various ways – while some may decide to move voluntarily, others may have little to no choice but to do so. This depends on the particular nature of the climate effect (whether it is a sudden-onset disaster or a gradual deteriorating process) and the underlying conditions of the territory, including socio, economic, and political ones. The various movement scenarios envisaged, from forced displacement due to natural disasters to gradual relocation amid slow degradation, suggest that individuals and communities may relocate voluntarily, forcibly, or somewhere in between, requiring specific and adequate responses. Climate-induced movement poses challenges to international in terms of whether it is adept at adequately protecting climate-displaced individuals. Due to the complex, multifaceted, hard-to-define, and ‘novel’ nature of the movement, climate-displaced-persons presently lack a specific legal status under international law. Thus, this research explores the legal challenges that climate change presents for international law, particularly whether the refugee framework and complementary protection offer an avenue of protection to safeguarding the human rights of climate-displaced persons. Furthermore, this research delves into the challenges of the international statelessness framework vis-à-vis the specific envisaged scenario of sinking islands, as a result of sea level rise.