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Climate Science And The Emergence Of Climate Refugees: Rethinking International Refugee Law In The Twenty-First Century

9 minutes ago
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Sachin Sheoran & Dr. Neha Mishra


ABSTRACT


In the present day, one of the most profound challenges which is threatening humanity is climate change. The tentacles of climate change are now spreading beyond the environmental and economic consequences, and it is becoming a driver of displacement of humans across the world. Due to the rising of sea levels, prolonged droughts, desertification, extreme and uncertain conditions of weather and the degradation of ecosystem, millions of humans were forced to abandon their livelihood. It has been gradually demonstrated by the scientific evidence that climate-induced migration is now no longer a future possibility, rather a present reality, by which both the developed as well as developing nations are being hit badly. Regardless of the growing scale of environmental displacement, international refugee law remains inadequately equipped to provide legal protection to individuals displaced primarily due to climate-related factors. The existing framework established under the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol limits refugee recognition to persons fleeing persecution based on specific grounds, thereby excluding climate-displaced populations from formal refugee protection. This legal gap raises critical questions regarding the adequacy of international law in responding to contemporary patterns of forced migration. The present paper examines the relationship between climate science and human displacement, analyses the shortcomings of existing refugee protection mechanisms, and explores the need for a reformed international legal framework capable of addressing climate-induced migration. It argues that scientific evidence should play a central role in shaping future refugee policies and that international cooperation, climate justice, and human rights principles must guide the development of effective legal protections for climate refugees. It highlights the importance of integrating environmental realities into international refugee law to ensure that vulnerable populations are not left without protection in an era increasingly defined by climate uncertainty.


Keywords: Climate Change, Climate Refugees, Forced Migration, International Refugee Law, Human Rights, Environmental Displacement, Climate Justice



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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