Beyond national sovereignty: Application of the subsidiarity principle to protect climate change-displaced persons

This article emphasizes the critical role of the subsidiarity principle in facilitating adaptation to climate change. Employing a comparative legal analysis approach, the paper examines how this principle, traditionally pivotal in distributing powers within the European Union, could be adapted globally to manage climate change displacement. Specifically, it explores whether subsidiarity can surmount the challenges posed by national sovereignty and states’ reluctance to cede control over domestic matters. Findings indicate that while domestic efforts and local adaptations should be prioritized, international intervention becomes imperative when national capacities are overwhelmed. This article proposes that ‘causing countries’ and the global community bear a collective responsibility to act. The Asia-Pacific region, characterized by diverse and vulnerable ecosystems like small islands, coastal areas, and mountainous regions, serves as the focal point for this study. The research underscores the necessity of developing policies and further research to robustly implement the subsidiarity principle in protecting climate-displaced populations.