Legal Vacuums: The Challenge of Protection for Climate Refugees

Climate change has triggered massive migrations known as climate refugees, individuals who have been forced to leave their homes due to natural disasters and deteriorating environmental conditions. However, the legal vacuum protecting climate refugees is an urgent issue. This article discusses the need to establish new conventions or protocols that specifically regulate the status and safety of refugees due to climate change. The research method is a normative juridical approach analysing applicable legal regulations and relevant case studies. The new convention should clearly define climate refugees, establish their fundamental rights, and affirm the principle of non-refoulement to protect them from deportation to dangerous areas. In addition, the state's responsibility in providing protection and funding mechanisms must also be regulated. While challenges such as disagreements between countries and a lack of awareness remain, global initiatives show progress toward better protection for climate refugees. As such, it is hoped that the new legal framework can provide legal clarity and ensure that the rights of climate refugees are recognised and protected internationally.

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Publication Details

Journal
Lampung Journal of International Law
Published
2024-12-27
DOI
https://doi.org/10.25041/lajil.v6i2.3421
Primary Topic
Climate Change, Adaptation, Migration
Type
article
Field-Weighted Citation Impact
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article

Legal Vacuums: The Challenge of Protection for Climate Refugees

Dinda Keumala, Ahmad Sabirin, Anandayu Pavita Bayuaji
Lampung Journal of International Law
Climate Change, Adaptation, Migration
article

Legal Vacuums: The Challenge of Protection for Climate Refugees

Dinda Keumala, Ahmad Sabirin, Anandayu Pavita Bayuaji
article en

Abstract

Climate change has triggered massive migrations known as climate refugees, individuals who have been forced to leave their homes due to natural disasters and deteriorating environmental conditions. However, the legal vacuum protecting climate refugees is an urgent issue. This article discusses the need to establish new conventions or protocols that specifically regulate the status and safety of refugees due to climate change. The research method is a normative juridical approach analysing applicable legal regulations and relevant case studies. The new convention should clearly define climate refugees, establish their fundamental rights, and affirm the principle of non-refoulement to protect them from deportation to dangerous areas. In addition, the state's responsibility in providing protection and funding mechanisms must also be regulated. While challenges such as disagreements between countries and a lack of awareness remain, global initiatives show progress toward better protection for climate refugees. As such, it is hoped that the new legal framework can provide legal clarity and ensure that the rights of climate refugees are recognised and protected internationally.

Lampung Journal of International LawVol. 6(2)
Universitas Trisakti (ID), University of Brawijaya (ID), Islamic University of Indonesia (ID)
Climate action
Openalex Percentile: Top 60%
Climate Change, Adaptation, Migration
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Legal Vacuums: The Challenge of Protection for Climate Refugees — Dinda Keumala, Ahmad Sabirin, et al. · Lampung Journal of International Law (2024) | TGRS Research Map | TGRS