Vikram Singh (India) 1
1 - Ph.D Scholar at National Law School of India University Bangalore
At present, increasing population of climate change displaced people cannot be helped from any appropriate protection under today’s international law, as they do not fulfill legal requirements to be treated as refugees. The vulnerability of climate migrants doesn’t fit in the present set up of refugee laws in international law. Climate change is already undermining the realization of a broad range of internationally protected human rights: rights to health and even life; rights to food, water, shelter and property; rights associated with livelihood and culture; with migration and resettlement; and with personal security in the event of conflict due to Climate change induced migration. Sensing the horrendous consequences of climate change, attempts have been made to overcome the challenges by adopting several environmental law instruments concerning climate change. However, the situation is too grim to mitigate the risk in a short span of time, because legally climate change induced migrants fall outside the present rigid framework of the international legal regime for the protection of refugees. Assuming that the problem of climate change induced migration is an evolving subject and noteworthy enough to substantiate its own legal regime.
The research paper will aim firstly to deliberate upon identification of climate change as a multilayered complex phenomenon. Secondly paper delves to reflect on climate change induced displaced people as a special class of individuals from human rights and humanitarian perspectives. Thirdly it will highlight the absence of a specific definition of climate change refugees due to dichotomy of climate refugee and environmental refugee which is acting as a big hurdle to seek an equivocal stand by the international comity, lastly research paper will determine potential openings in the international legal domain in order to develop lasting solutions on the issue of climate change and migration, while assessing the need for greater international legal protection for climate-induced migrants, and more robust climate change adaption assistance for their home countries.