Displacement in the ICJ's Advisory Opinion on Climate Change

In its 2025 Advisory Opinion on climate change, the International Court of Justice acknowledged that displacement is among the ‘severe and far-reaching’ consequences of climate change and affirmed that the principle of non-refoulement applies in this context where life-threatening conditions prompt people to seek international protection elsewhere. This article explores how the court's findings embed existing legal authority, and, importantly, how the court's recognition of the interconnectedness between international human rights law, environmental law and climate change law may open up new lines of argument for future international protection claims.

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Publication Details

Journal
Environmental Policy and Law
Published
2025-12-12
DOI
https://doi.org/10.1177/18785395251407456
Primary Topic
Climate Change, Adaptation, Migration
Type
article
Field-Weighted Citation Impact
0.00
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article

Displacement in the ICJ's Advisory Opinion on Climate Change

Jane McAdam
Environmental Policy and Law
Climate Change, Adaptation, Migration
article

Displacement in the ICJ's Advisory Opinion on Climate Change

Jane McAdam
article en

Abstract

In its 2025 Advisory Opinion on climate change, the International Court of Justice acknowledged that displacement is among the ‘severe and far-reaching’ consequences of climate change and affirmed that the principle of non-refoulement applies in this context where life-threatening conditions prompt people to seek international protection elsewhere. This article explores how the court's findings embed existing legal authority, and, importantly, how the court's recognition of the interconnectedness between international human rights law, environmental law and climate change law may open up new lines of argument for future international protection claims.

Environmental Policy and LawVol. 56(1-2)
Australian Research Council (AU), Refugee Council (GB)
Openalex Percentile: Top 51%
Climate Change, Adaptation, Migration
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