Climate Change and Migration: Climate Change Induced Migration in International Law and the Human Right to a Sustainable Environment

Abstract

Droughts, floods, sea-level rise, and other climate change induced phenomena are substantially threatening lives and livelihoods, forcing many to abandon their homes. Despite the global dimension of these increasing phenomena, international legal instruments provide little guidance on how to deal with environmental migration, leaving those affected under insecure circumstances. The complex topic of climate change and migration renders debates with many unresolved issues. To shed some light on this complexity, this paper describes the difficulties in the discussion on climate change induced migration in international law and aims to explain why the label “climate refugee” is not yet an accurate one. The case study Ioane Teitiota v. New Zealand will be discussed, demonstrating how the theoretical dilemma impacts affected persons on a practical level. The final part of the paper examines the possibilities of approaching climate migration from an alternative perspective, going beyond existing legal instruments. It suggests a shift from the debate on “climate refugees” to including migration in current climate adaptation efforts. Such a mechanism could be financially supported by operational adaptation funds and also politically backed by the pending Advisory Opinion of the International Court of Justice on the Human Right to a Clean, Healthy, and Sustainable Environment.

Keywords

• Climate change, climate migration, environmental migration, international environmental law, climate adaptation, adaptation funds, human rights, climate refugees, Ioane Teitiota