Bridging The Governance Gap: Emerging Legal Mechanisms For Climate Change-Induced Displacement In International Law
- IJLLR Journal
- Oct 13
- 1 min read
Abhishek Kumar, Gaurang Basant Agarwal & Deepanshu Yadav
ABSTRACT
Climate Change-induced displacement represents one of the most complex humanitarian challenges of the 21st century, affecting millions of people worldwide while exposing critical governance gaps in international law. This paper examines the inadequacy of existing legal frameworks such as the 1951 Refugee Convention in addressing the special requirements of communities affected by climate change. Through an analysis of contemporary legal developments, including the landmark Teitiota v. New Zealand case and emerging hybrid governance models, this research identifies the structural deficiencies in current international law and explores innovative legal mechanisms that could bridge existing protection gaps.
The study reveals that traditional state-centric approaches to refugee law are insufficient for addressing the transboundary, multi-causal nature of climate displacement. Instead, this paper proposes a hybrid governance framework that integrates state responsibilities with enhanced roles for non-state actors, including international organizations and civil society. The research demonstrates how vulnerability-based legal approaches, combined with innovative interpretations of non-refoulement principles, could provide more comprehensive protection for climate change induced-displaced population.
Drawing from recent developments in climate litigation, regional legal innovations, and emerging state practices, this paper outlines specific recommendations for creating a more responsive international legal architecture. These include expanding the application of complementary protection mechanisms, developing regional climate mobility agreements, and establishing new international institutions with dedicated mandates for climate displacement. The analysis emphasizes that effective governance of Displacement brought on by climate change demands not just legislative change but also an essential reconsideration of responsibility allocation in an interconnected world facing unprecedented environmental challenges.
