International Law and the Protection of “Climate Refugees”

This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system. Foreword 7 Acknowledgments 12 Contents 14 About the Author 16 Abbreviations 17 1 Introduction 19 2 Conceptual Framework 25 Part I Are All Climate Change Migrants Equal? Making Light in the “Climate Refugees Cauldron” 36 3 Climate Change and Migration 43 4 How Many “Climate Refugees”? Pros and Cons of Maximalism and Minimalism 55 5 Defining the Category: Who Are “Climate Refugees”? 73 Conclusion 92 Part II A Problem of Rights and Responsibilities: The Legal Rationale for the Protection of Forced Climate Migrants 95 6 International Climate Change Law and State Responsibility 99 7 The erga omnes Obligation to Mitigate and Manage Climate Change 112 8 Climate Change, Environmental Degradation, and Fundamental Human Rights 120 The Environmental Dimension of Fundamental Rights 122 Fundamental Human Rights and Forced Climate Migrants 131 Right to Life and Climate Change 134 Right to Health, Access to Livelihoods, and Climate Change 139 9 Why States Should Protect Forced Climate Migrants 143 Conclusion 153 Part III The Embryos of Forced Climate Migrants’ Law 156 10 The Role of the UNFCCC and of the Global Compacts for Refugees and Migration 158 Developments Under the UNFCCC 159 The Role of the Global Compacts for Refugees and Migration 163 11 The Role of Complementary Protection 170 12 Conclusion 188 Bibliography 194 Index 214 Front Matter ....Pages i-xx Introduction (Giovanni Sciaccaluga)....Pages 1-6 Conceptual Framework (Giovanni Sciaccaluga)....Pages 7-17 Front Matter ....Pages 19-25 Climate Change and Migration (Giovanni Sciaccaluga)....Pages 27-38 How Many “Climate Refugees”? Pros and Cons of Maximalism and Minimalism (Giovanni Sciaccaluga)....Pages 39-56 Defining the Category: Who Are “Climate Refugees”? (Giovanni Sciaccaluga)....Pages 57-78 Front Matter ....Pages 79-82 International Climate Change Law and State Responsibility (Giovanni Sciaccaluga)....Pages 83-95 The erga omnes Obligation to Mitigate and Manage Climate Change (Giovanni Sciaccaluga)....Pages 97-104 Climate Change, Environmental Degradation, and Fundamental Human Rights (Giovanni Sciaccaluga)....Pages 105-127 Why States Should Protect Forced Climate Migrants (Giovanni Sciaccaluga)....Pages 129-141 Front Matter ....Pages 143-144 The Role of the UNFCCC and of the Global Compacts for Refugees and Migration (Giovanni Sciaccaluga)....Pages 145-156 The Role of Complementary Protection (Giovanni Sciaccaluga)....Pages 157-174 Conclusion (Giovanni Sciaccaluga)....Pages 175-180 Back Matter ....Pages 181-217 This book studies the topic of forced climate migrants (so-called "climate refugees") through the lens of international law. With an analysis focused on climate change and human rights international law, it points out the legal rationale upon which an international obligation to protect persons forced to migrate due to climate change is currently emerging under international law. The book advocates for a state obligation to protect forced climate migrants when their origin countries become environmentally fragile because of climate change up to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, the book also investigates the current elements on which a "forced climate migrants law" can be built. Giovanni Sciaccaluga is a Postdoctoral Research Fellow in the field of International Law at the University of Genoa, Italy "This book studies the topic of forced climate migrants (so-called 'climate refugees') through the lens of international law. With an analysis focused on climate change and human rights international law, it points out the legal rationale upon which an international obligation to protect persons forced to migrate due to climate change is currently emerging under international law. The book advocates for a state obligation to protect forced climate migrants when their origin countries become environmentally fragile because of climate change up to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, the book also investigates the current elements on which a 'forced climate migrants law' can be built"--Back cover