Beyond Borders: Reassessing the Recognition and Protection of ‘Climate Refugees’ in International Law

Economists are discussing the possible effect on the labour force and supply chain due to climate change; sociologists are outpouring their angst on the re-establishment of ‘class struggle’ because of diverse consequences of changing climatic conditions, while environmentalists have been looking at climate change as the one-dimensional environment bound crisis in nexus with scientific construct. However, what skips the day-light discussion is the number of people on the edge of either being submerged, facing acute famine, or, worse, being stateless. People are compelled to move from their livelihood, a significant reflective effect of this climate change. At this relinquishing time of human lives, while human rights are being grossly infringed, the primary concern is: What recognition do we owe to these people affected by climate change who have moved across borders in the hope of survival? The term ‘climate refugees’ has loosely been attached to the phenomenon of forced migration beyond the national borders due to the outrage of changing climatic conditions. The plight of these refugees does not cease to their ground of persecution, that is, climate change, but emancipates from the very recognition itself. At this onset, this article analyses recognition and protection under the existing international refugee law and international environmental law, further highlighting the complexities surrounding interpreting the term ‘climate refugee’. Lastly, the article evaluates the regional and non-governmental instruments in light of the recognition of climate refugees.