Climate-Induced Displacement under Refugee Law: Assessing theLegal Framework for Recognition and Protection
DOI:
https://doi.org/10.5281/zenodo.22013325Keywords:
Climate change, environmental migrant, refugee law, climate change-induced displacement, climate passporAbstract
As a result of the direct and indirect effects of climate change, nations worldwide are experiencing an increasing number of individuals forced from their homes, becoming migrants due to climate change. This creates major legal and humanitarian issues, especially if the Displacement crosses national borders. The study critically explores the notion of climatechange-induced migrants under the current international legal framework, focusing on the international refugee law framework. The analysis concludes that circumstances which led to their displacement are not under international refugee law and the law on statelessness stateless person. As a result, they won't be covered by any of the legal categories. The study also identifies that there are some international, regional and national legal tools that might provide some level of protection, including the principle of non-refoulement, under international human rights law, and complementary protection under some regional and domestic laws; however, these tools are weak and disjointed. Similarly, the international environmental law does not require protection of the people who are displaced by environmental degradation. This paper highlights the inadequacy of the current international legal framework in safeguarding the rights of climate change-induced migrants and suggests that a new international legal instrument should be adopted, while in the meantime an international guiding framework and innovative mechanisms such as a climate passport should be implemented to protect their rights in an effective and durable manner
References
Adodoadji DCD and Urban F, ‘Climate Change, Policy Processes and Local Vulnerability’ in Research
Handbook on Climate Change and Migration (Edward Elgar 2023).
Afifi T and Jäger J (eds), Environment, Forced Migration and Social Vulnerability (Springer 2010).
Ahmed B, ‘Who Takes Responsibility for the Climate Refugees?’ (2018) 10(1) International Journal of
Climate Change Strategies and Management 5.
Ahsan R, Karuppannan S and Kellett J, ‘Climate Migration and Urban Planning System: A Study of
Bangladesh’ (2011) 4(3) Environmental Justice 163.
Asian Development Bank, Addressing Climate Change and Migration in Asia and the Pacific (ADB 2012).
Bates DC, ‘Environmental Refugees? Classifying Human Migrations Caused by Environmental Change’
(2002) 23(5) Population and Environment 465.
Bayes A, ‘Who Takes Responsibility for the Climate Refugees?’ (2018) 10(1) International Journal of
Climate Change Strategies and Management 5.
Beniston M, ‘Issues Relating to Environmental Change and Population Migrations: A Climatologist’s
Perspective’ in John D Unruh, Maarten SK Krol and NuritKliot (eds), Environmental Change and Its
Implications for Population Migration (Springer 2004).
Berchin II, Valduga IB, Garcia J and Guerra JBSOA, ‘Climate Change and Forced Migrations: An Effort
Towards Recognizing Climate Refugees’ (2017) 84 Geoforum 147.
Betts A, ‘Survival Migration: A New Protection Framework’ (2010) 16(3) Global Governance 361.
Biermann F and Boas I, ‘Protecting Climate Refugees: The Case for a Global Protocol’ (2008) 50
Environment 8.
Boano C, Zetter R and Morris T, Environmentally Displaced People: Understanding the Linkages Between
Environmental Change, Livelihoods and Forced Migration (Refugee Studies Centre 2008).
Castles S, Environmental Change and Forced Migration: Making Sense of the Debate (UNHCR 2002).
Convention Governing the Specific Aspects of Refugee Problems in Africa (entered into force 20 June 1974)
1001 UNTS 45.
Convention relating to the Status of Refugees (adopted 28 July 1951, entered into force 22 April 1954) 189
UNTS 150.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (adopted 4
February 1984, entered into force 26 June 1987) 1465 UNTS 85.
Davis KF, Bhattachan A, D’Odorico P and Suweis S, ‘A Universal Model for Predicting Human Migration
under Climate Change: Examining Future Sea Level Rise in Bangladesh’ (2018) 13(6) Environmental
Research Letters 064030.
Vol. 1, No. 1, pp. 48-71, 2026 Journal of Law, Policy and Justice (JLPJ)
70
Docherty B and Giannini T, ‘Confronting a Rising Tide: A Proposal for a Convention on Climate Change
Refugees’ (2009) 33(2) Harvard Environmental Law Review 349.
Einarsen T, ‘Drafting History of the 1951 Convention and the 1967 Protocol’ in Andreas Zimmermann,
Thomas Einarsen and Franziska Maria Herrmann (eds), The 1951 Convention Relating to the Status
of Refugees and Its 1967 Protocol (OUP 2024).
El-Hinnawi E, Environmental Refugees (United Nations Environment Programme 1985).
Evertsen KI and van derGeest K, ‘Gender, Environment and Migration in Bangladesh’ (2020) 12(1) Climate
and Development 12.
Ferris E, ‘Disaster and Displacement: What We Know, What We Don’t Know’ (Brookings Institution 2014).
Fuldauer LI and others, ‘Evaluating the Benefits of National Adaptation to Reduce Climate Risks and
Contribute to the Sustainable Development Goals’ (2022) 76 Global Environmental Change 102575.
Geun JH, ‘The Evolution of the Policy Environment for Climate Change Migration in Bangladesh:
Competing Narratives, Coalitions and Power’ (2019) Development Policy Review.
Hathaway JC and Foster M, The Law of Refugee Status (2nd edn, CUP 2014).
Huq E and Shafique T, ‘People Move, Policies Don’t: Discursive Partition against Climate-Impacted
Dwellers in Urbanizing Bangladesh’ (2023) 35 Environment and Urbanization.
International Organization for Migration, Glossary on Migration (IOM 2019).
International Organization for Migration, Climate Change, Environmental Degradation and Migration
(2011).
Islam M, ‘Is Climate Change Migration an Adjustment to Extreme Weather Events? A Study on the Coastal
Areas of Bangladesh’ (2022) 14(4) Weather, Climate, and Society 1247.
Islam MR and Doha SM, ‘Socioeconomic Consequences of Climate Induced Human Displacement and
Migration in Bangladesh’ (2017) 32(3) International Sociology 277.
Jane McAdam, Climate Change, Forced Migration, and International Law (OUP 2012).
Kartiki K, ‘Climate Change and Migration: A Case Study from Rural Bangladesh’ (2011) 19(1) Gender &
Development 23.
Kälin W, The Climate Change–Displacement Nexus (Brookings Institution 2008).
Koubi V, Böhmelt T, Spilker G and Schaffer L, ‘The Determinants of Environmental Migrants’ Conflict
Perception’ (2018) 72(4) International Organization 905.
Luetz JM, ‘Climate Change and Migration in Bangladesh: Empirically Derived Lessons and Opportunities
for Policy Makers and Practitioners’ in Walter Leal Filho and Johannes Nalau (eds), Limits to Climate
Change Adaptation (Springer 2018).
Vol. 1, No. 1, pp. 48-71, 2026 Journal of Law, Policy and Justice (JLPJ)
71
Mayer B, ‘The Arbitrary Project of Protecting Environmental Migrants’ in Robert McLeman, Jonas Schade
and Thomas Faist (eds), Environmental Migration and Social Inequality (Springer 2016).
Mayer B, Boas I, Ewing JJ, Baillat A and Das UK, ‘Governing Environmentally-Related Migration in
Bangladesh: Responsibilities, Security and the Causality Problem’ (2013) 22(2) Asian and Pacific
Migration Journal 177.
McAdam J, ‘Displacement in the Context of Climate Change and Disasters’ in Cathryn Costello, Michelle
Foster and Jane McAdam (eds), The Oxford Handbook of International Refugee Law (OUP 2021).
McCue GS, ‘Environmental Refugees: Applying International Environmental Law to Involuntary Migration’
(1993) 6(1) Georgetown International Environmental Law Review 151.
Micinski NR and Lefebvre C, ‘The Geopolitics in the Global Compacts: Sovereignty, Emerging Norms, and
Hypocrisy in Global Migration Governance’ (2024) 29(1) Geopolitics.
Morrissey J, Environmental Change and Forced Migration (Refugee Studies Centre, University of Oxford
2009).
Naser MM and others, ‘Climate Change, Migration and Human Rights in Bangladesh: Perspectives on
Governance’ (2019) 60(2) Asia Pacific Viewpoint 175.
Nishimura L, ‘Climate Change Migrants: Impediments to a Protection Framework and the Need to
Incorporate Migration into Climate Change Adaptation Strategies’ (2015) 27(1) International Journal
of Refugee Law 107.
Rahman and others, ‘Projecting Climate Migration in Bangladesh Using Agent-Based Modelling’ (2025)
Frontiers in Climate.
Seddiky AM, Ara E and Karim A, ‘Climate Change-Induced Hazard Risks and Migration in Bangladesh: A
Case Study’ (2024) 7 Current Research in Environmental Sustainability 100253.
Torraco RJ, ‘Writing Integrative Literature Reviews: Guidelines and Examples’ (2005) 4(3) Human
Resource Development Review 356.
United Nations Framework Convention on Climate Change (adopted 9 May 1992, entered into force 21
March 1994) 1771 UNTS 107.
United Nations General Assembly, Transforming our World: the 2030 Agenda for Sustainable Development
UNGA Res 70/1, UN Doc A/RES/70/1 (2015).
United Nations High Commissioner for Refugees, Climate Change and Disaster Displacement (UNHCR).
United Nations High Commissioner for Refugees, No Escape: On the Frontlines of Climate Change, Conflict
and Forced Displacement (UNHCR 2024).
Williams A, ‘Turning the Tide: Recognising Climate Change Refugees in International Law’ (2008) 30(4)
Law & Policy 502
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