The Efficacy of International Law in Protecting Climate Refugees

While the international community is well aware of climate change's catastrophic consequences, proposed state-centric solutions neglect a crucial aspect - the inevitable climate change-induced refugee crisis. While the strife of climate refugees deserves international recognition, a gap in the legal system currently renders them unable to seek legal protections. This paper will provide a critical analysis of the efficacy of international law in dealing with climate refugees. It will first explore international refugee law, revealing how its existing mechanisms do not recognize the refugee status of those displaced by climate change. Turning to international human rights, it is evident that this regime fails to provide a right for climate refugees to enter and reside in another state. Finally, by analyzing the international environmental law regime, it is contended that its foundational principles and financial mechanisms may provide a favourable route for climate refugees to seek international legal protections.

Authors

Publication Details

Journal
The Social Contract
Published
2025-09-09
DOI
https://doi.org/10.5206/sc.v15i1.22569
Primary Topic
Climate Change, Adaptation, Migration
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

The Efficacy of International Law in Protecting Climate Refugees

Reagan Cockburn
The Social Contract
Climate Change, Adaptation, Migration
article

The Efficacy of International Law in Protecting Climate Refugees

Reagan Cockburn
article en

Abstract

While the international community is well aware of climate change's catastrophic consequences, proposed state-centric solutions neglect a crucial aspect - the inevitable climate change-induced refugee crisis. While the strife of climate refugees deserves international recognition, a gap in the legal system currently renders them unable to seek legal protections. This paper will provide a critical analysis of the efficacy of international law in dealing with climate refugees. It will first explore international refugee law, revealing how its existing mechanisms do not recognize the refugee status of those displaced by climate change. Turning to international human rights, it is evident that this regime fails to provide a right for climate refugees to enter and reside in another state. Finally, by analyzing the international environmental law regime, it is contended that its foundational principles and financial mechanisms may provide a favourable route for climate refugees to seek international legal protections.

The Social ContractVol. 15(1)
Openalex Percentile: Top 67%
Climate Change, Adaptation, Migration
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.