Refining legal frameworks for cross-border climate-induced displacement: a comprehensive analysis of provisions, definitions, and new arrangements under international law
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Date
2024-08-20
Authors
Iqbal, Nabil
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Abstract
The thesis addresses the urgent and growing issue of displacement driven by climate change. As climate impacts intensify, more individuals are forced to cross borders in search of safety, yet current international legal frameworks are ill-equipped to offer them adequate protection. This research critically examines the existing legal provisions within International Refugee Law (IRL) and International Human Rights Law (IHRL), highlighting their limitations in addressing the unique challenges posed by climate-induced displacement.
The thesis explores the inadequacies of current refugee definitions under the 1951 Refugee Convention and the challenges in applying non-refoulement protections to those displaced by environmental factors. It also delves into the terminological ambiguities that plague the discourse, proposing a more coherent and inclusive definition that accurately captures the diverse realities of climate-induced displacement.
Building on this analysis, the thesis advocates for significant reforms, including the potential for a new international convention specifically designed to address the legal gaps faced by climate refugees. It emphasizes the need for a comprehensive legal framework that includes state responsibility, effective implementation mechanisms, and robust international cooperation to ensure the protection of vulnerable populations affected by climate change.
In summary, this thesis contributes to the ongoing global dialogue on climate-induced displacement by offering a critical evaluation of current legal frameworks and proposing actionable reforms to enhance the protection of those displaced across borders due to climate change.
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Keywords
Disaster Displacement, Climate Refugees, International Human Rights Law, International Refugee Law