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Research Paper Volume 5 Issue 6 155 - 165 November 22, 2022

Can the Principle of Non-refoulement trigger the Principle of Common but Differentiated Responsibilities in relation to Climate Refugees

Lead author · Corresponding
Shahinoor Khanam
Apprentice Lawyer at Judge’s Court, Chittagong, Bangladesh
Co-author
Aqib Tahmid
Apprentice Lawyer at Judge’s Court, Chittagong, Bangladesh
Abstract

Climate refugee, the growing portion of refugees, is still given less importance in comparison with the other kinds of refugees, which is an extremely critical issue in the field of refugee law as well as human rights law. Unlike other kinds of refugees, climate migrants connect the spheres of refugee law, humanitarian law, environmental law, and human rights law owing to their very innate nature of emergence. By general definition, the part of refugees or the class of refugees who are forced to migrate unwillingly from their native land because of climate causes is known as climate refugees or climate migrants. Their emergence as refugees raises some very significant questions under the international legal framework. Among them, this article will discuss two important questions and try to come up with an answer to serve the purpose. One of them is whether the principle of non-refoulement will apply to them. The other is at what amount the states will be held accountable according to the principle of Common but differentiated responsibilities (CBDR), or if there can be a way of connecting these two principles to find a probable solution to the issue of climate migrants ,as ,in the upcoming days, this will be a severe migrant issue to face due to the drastic climate change and frequent occurrence of migration all around the globe.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 155 - 165
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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