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

  • Shahinoor Khanam and Aqib Tahmid
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  • Shahinoor Khanam

    Apprentice Lawyer at Judge’s Court, Chittagong, Bangladesh

  • Aqib Tahmid

    Apprentice Lawyer at Judge’s Court, Chittagong, Bangladesh

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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.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 155 - 165


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