Migration, 'Climate Change Refugees' and Global Justice

“

The inhabitants of small island states such as Tonga, Tuvalu, Kiribati, the Marshall Islands and the Maldives whose islands could be submerged by rise in sea level, those in Bangladesh subject to persistent flooding, and those in the Sahel region of Africa who face persistent drought, and who are likely to flee their countries due to the adverse effects of climate change caused by the emission of greenhouse gases do not meet the definition of 'refugees' stated in the 1951 Refugee Convention and its 1967 Protocol which states that refugees are persons who cross international borders and have a well-founded fear of persecution. Climate change refugees are those who flee for reasons other than persecution and who do not have legal status. The objects of this paper are : (i) to evaluate the proffered extension of International Refugee Law to climate change refugees ; (ii) to discuss the role of international human rights law as complementary protection for climate change refugees; (iii) to evaluate the protection under environmental law; (iv) to discuss migration options; (v) to discuss disappearing states, statelessness and relocation; (vi) to assess critically the feasibility and desirability of a Climate Change Treaty based on a monist-naturalist conception of global justice privileging human dignity as one of its guiding principles.

”