Perils of Classification of “Climate Refugees” as Refugees in 1951 UN Convention Relating to the Status of Refugees

  • V. Navin Balaji Annamalai
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  • V. Navin Balaji Annamalai

    Student at Tamil Nadu National Law University, India

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Abstract

With the start of COP28 Summit in Dubai, UAE, all countries in the world race to fight climate change by trying to find innovative ways to reduce Greenhouse Gas (GHG) emissions. But the effect of missing targets to reduce Global Temperature would be first felt in migration of citizens. The most vulnerable people in Climate Change who are the first affected are the migrants who are displaced due to these Slow-Onset Climate Change events, however in the current scenario they have no legal status of “Refugees” according to the 1951 UN Convention Relating to Status of Refugees. Hence the benefits of being considered a refugee cannot be availed by a displacement victim of Slow-Onset Climate Change events. The author aims to trace the pre-requisite conditions for being considered as a refugee and attempt to fit climate refugees into it. The possibilities of that integration in accordance with the existing Convention is seen. If that is not possible then other remedies for those displaced victims under the existing international law is examined. The solution for providing remedies to those victims of Climate Change is provided keeping in mind the nature of migration and different types in them. Hence a One-size-fits-all solution is set aside in pursuit of unique solutions for this sui generis problem.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 519 - 532

DOI: https://doij.org/10.10000/IJLMH.116752

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