Legal Gaps in Protecting Climate Refugees: Toward a New International Convention

Abstract

The major goal of the research is to evaluate the shortcomings of the existing forms of international law in protecting the rights of climate refugees and to define the principles that a new and specific international convention should be built upon. The study will rely on a qualitative research approach, which will encompass some elements of comparative law and case studies based in vulnerable areas (e.g. Pacific Island nations, Sub-Saharan Africa), and interviews with legal studies scholars and experienced human rights workers. The results are likely to highlight that current protections are patchy with an uneven application and thus regularly leave climate refugees in legal limbo.The analysis shows that states are not obliged to allow forced migrants due to climate change and the existing frameworks do not contain defined responsibilities toward providing assistance with adaptation, relocation or the right to protection. This convention has the potential to create clarity under law, international cooperation and give a significant protection to the population that is worst hit by climate induced displacement