As droughts, floods, sea-level rise, and other climate change induced phenomena are substantially threatening lives and livelihoods, forcing many to abandon their homes, despite the global dimension of these increasing phenomena, international legal instruments remain insufficient to deal with environmental migration, leaving those affected under insecure circumstances, and many unresolved issues.
In an attempt at clarification on this complex problem, this paper discusses the difficulties surrounding climate-induced migration in international law and explains why the term “climate refugee” is not yet accurate or legally recognized. The case study of Ioane Teitiota v. New Zealand is used to show how these theoretical challenges affect individuals in practice.
The paper concludes by exploring alternative approaches that move beyond existing legal frameworks, suggesting a shift toward integrating migration into climate adaptation strategies.
It suggests that such efforts could be supported through adaptation funding and strengthened by emerging international legal developments, including the pending advisory opinion of the International Court of Justice on the human right to a clean, healthy, and sustainable environment.
Learn more about this study here: https://doi.org/10.25365/vlr-2023-7-1-94
Reference
Karnicar, Carina (2023), “Climate Change and Migration
Climate Change Induced Migration in International Law and the Human Right to a Sustainable Environment”, University of Vienna Law Review, Vol. 7 No. 1 (2023)