There are multiple legal aspects of climate migration. In particular, involuntary movements in response to climate change impacts raise legal questions of responsibilities and obligations. The Geneva Convention Relating to the Status of Refugees, narrowly interpreted, does not apply to those fleeing the effects of climate change across borders. The principle of non-refoulement, however, opens some room to prevent the involuntary return of those who have already moved to another country to a place where climate risks are high. Regional agreements such as the Cartagena Declaration in Latin America and the Kampala Convention of the African Union lay the grounds to strengthen collaboration for the protection of displaced persons in absence of comprehensive global frameworks on climate migration. The mention of climate change in the Global Compacts on Migration and Refugees also reflects growing awareness for rising challenges in connection to the climate-mobility nexus. This chapter discusses these different existing legal documents and possible ways forward to close protection gaps and looks at instruments to foster better enforcement to the benefit of those affected by climate change, through for example, strategic litigation.

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The Right to Stay and the Freedom to Go: Legal Aspects of Climate Migration

  • Kira Virginia Vinke

摘要

There are multiple legal aspects of climate migration. In particular, involuntary movements in response to climate change impacts raise legal questions of responsibilities and obligations. The Geneva Convention Relating to the Status of Refugees, narrowly interpreted, does not apply to those fleeing the effects of climate change across borders. The principle of non-refoulement, however, opens some room to prevent the involuntary return of those who have already moved to another country to a place where climate risks are high. Regional agreements such as the Cartagena Declaration in Latin America and the Kampala Convention of the African Union lay the grounds to strengthen collaboration for the protection of displaced persons in absence of comprehensive global frameworks on climate migration. The mention of climate change in the Global Compacts on Migration and Refugees also reflects growing awareness for rising challenges in connection to the climate-mobility nexus. This chapter discusses these different existing legal documents and possible ways forward to close protection gaps and looks at instruments to foster better enforcement to the benefit of those affected by climate change, through for example, strategic litigation.