Recognising Climate Migrants in International Law: Towards a Just Protection Framework

While the number of cross-border climate migrants is increasing, their legal protection remains fragmented. Examining the idea of expanding the 1951 UN Refugee Convention to include climate migrants, I conclude that their situation is different from those of political refugees in a morally relevant sense, which entitles them to a new kind of protection. Based on that conclusion, I develop a just protection framework for climate migrants, which sets out migrants’ rights and the duties of states that are associated with granting these rights. The proposed framework particularly focuses on migrants’ agency and procedural justice since both highly contribute to the relocation’s success. To mitigate possible feasibility constraints, because of states’ lack of willingness to implement such a framework, I introduce a market system which allows states to trade the responsibility to host climate migrants in the form of “migrant quotas”, thereby giving them more flexibility. However, since...Show moreWhile the number of cross-border climate migrants is increasing, their legal protection remains fragmented. Examining the idea of expanding the 1951 UN Refugee Convention to include climate migrants, I conclude that their situation is different from those of political refugees in a morally relevant sense, which entitles them to a new kind of protection. Based on that conclusion, I develop a just protection framework for climate migrants, which sets out migrants’ rights and the duties of states that are associated with granting these rights. The proposed framework particularly focuses on migrants’ agency and procedural justice since both highly contribute to the relocation’s success. To mitigate possible feasibility constraints, because of states’ lack of willingness to implement such a framework, I introduce a market system which allows states to trade the responsibility to host climate migrants in the form of “migrant quotas”, thereby giving them more flexibility. However, since such a market approach would undermine migrants’ agency, I propose a matching system, which matches migrants’ preferences about where to move, with states’ non-discriminatory preferences about what migrants they are willing to accommodate.Show less

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Recognising Climate Migrants in International Law: Towards a Just Protection Framework