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1. Introduction
Climate change stands as one of the most significant humanitarian issues of the 21st century, intensifying vulnerabilities and causing record amounts of human displacement.
Increasing ocean levels, heightened natural disasters, extended droughts, and environmental deterioration are driving millions to relocate in pursuit of security and means of survival.
Based on forecasts, by 2050, climate change may compel as many as 216 million individuals to relocate within their nations with international migrations introducing additional complications to this crisis.[2]
This phenomenon, often termed "climate-induced migration," encompasses both sudden-onset events like floods and cyclones, and slow-onset processes such as desertification and salinization, which erode habitable lands over time.
The term "climate refugee" has gained traction in public discourse, yet it lacks formal recognition in international law, leaving those displaced by environmental factors in a precarious legal limbo.
Unlike traditional refugees fleeing persecution, war, or violence, climate migrants do not qualify for protection under the cornerstone of refugee law: the 1951 Convention Relating to the Status of Refugees[3].
This convention defines a refugee narrowly as someone with a well-founded fear of persecution based on race, religion,
nationality, membership of a particular social group, or political opinion[4]. The exclusion of environmental drivers creates a glaring legal vacuum, where affected individuals may face statelessness, loss of rights,
and inadequate access to asylum or relocation mechanisms. This legal gap is particularly pressing in vulnerable regions like South Asia, the Pacific Islands, and sub-Saharan Africa, where climate impacts intersect with poverty,
weak governance, and limited adaptive capacity[5]. Bangladesh, for instance, stands as a stark example, with millions at risk from coastal erosion and river flooding, potentially leading to mass internal and cross-border displacements[6].
The absence of tailored international protections not only undermines human dignity but also strains global migration systems, risking conflicts over resources and borders. This article examines the humanitarian and legal dimensions of climate-induced migration, arguing for urgent reforms to address this vacuum.
It begins by defining climate-induced migration and its causes, followed by an analysis of existing legal frameworks and their limitations. It then explores associated human rights concerns, the imperative for a new legal framework, and a case study on Bangladesh.
Finally, it proposes recommendations for advancing protection through international law, emphasizing climate justice and equity.
Climate-Induced Migration: Definition and Causes
Climate-induced migration defies simple categorization, as it manifests in diverse forms influenced by environmental, socio-economic, and political factors.
Broadly, it refers to the movement of people compelled by adverse climate impacts that render their habitats uninhabitable or unsustainable.
The International Organization for Migration (IOM) defines environmental migrants as "persons or groups of persons who, for compelling reasons of sudden or progressive changes in the environment that adversely affect their lives or living conditions,
are obliged to leave their habitual homes, or choose to do so, either temporarily or permanently, and who move either within their country or abroad[7]" This definition distinguishes between forced displacement and voluntary migration,
though the line often blurs in practice. A key distinction lies between internal and cross-border migration. Internal displacement, where individuals relocate within national borders, constitutes the majority of cases, often to urban centers or safer rural areas[8].
Cross-border migration, however, poses greater legal challenges, as it involves sovereignty issues and international obligations. Causes can be classified as sudden-onset (e.g., hurricanes, floods) or slow-onset (e.g., sea-level rise, soil degradation), with the latter being more insidious and harder to attribute directly to climate change.
Real-world examples illustrate these dynamics. In Bangladesh, coastal erosion and cyclones like Aila in 2009 have displaced thousands, with riverbank erosion affecting over 1 million people annually[9]. Pacific Island nations such as Kiribati and Tuvalu face existential threats from rising sea levels, potentially rendering entire populations stateless as territories submerge[10].
In Africa, desertification in the Sahel region has driven pastoralists southward, exacerbating ethnic tensions and resource conflicts[11]. These cases highlight how climate change acts as a "threat multiplier,"
amplifying existing vulnerabilities like poverty and inequality. Scholarly analyses underscore that migration is rarely monocausal; environmental stressors interact with socio-economic drivers[12].
For instance, in rural Bangladesh, cyclone-induced salinity intrusion has reduced agricultural productivity, prompting seasonal migration to cities like Dhaka[13]. Projections indicate that by 2050, South Asia could see up to 40 million internal climate migrants, underscoring the scale of the challenge[14].
Current Legal Frameworks and Their Limitations
International law offers fragmented responses to climate-induced migration, with no dedicated instrument addressing it comprehensively.
The 1951 Refugee Convention and its 1967 Protocol remain the bedrock of refugee protection, but their scope is limited to persecution-based claims, excluding environmental factors[15].
As noted, climate migrants do not fit the convention's definition, as environmental harm is not deemed "persecution" unless linked to discriminatory state actions[16].
Attempts to interpret the convention expansively, such as through complementary protection under human rights law, have met limited success[17].
Climate-specific frameworks, like the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement, acknowledge displacement but fall short of binding protections.
The Paris Agreement's preamble recognizes the rights of migrants and calls for measures to avert, minimize, and address displacement related to climate impacts[[18].
However, it lacks enforceable provisions on migration, relegating the issue to the Warsaw International Mechanism on Loss and Damage, which focuses on knowledge-sharing rather than legal remedies[19].
Soft law instruments, such as the Cancun Adaptation Framework under the UNFCCC, encourage states to consider displacement in adaptation plans but impose no obligations[20].
The Global Compact for Safe, Orderly and Regular Migration (2018) references climate migration but is non-binding[21].
Regional agreements, like the African Union's Kampala Convention on internally displaced persons, include environmental causes but are limited in scope and enforcement[22]
These limitations perpetuate a protection gap, where climate migrants rely on ad hoc national policies or humanitarian aid, often insufficient in scale[23]
Legal and Human Rights Concerns
Climate-induced migration implicates core human rights, including the right to life, adequate housing, food, and water, as enshrined in the International Covenant on Economic,
Social and Cultural Rights (ICESCR)[24]. Displacement can lead to statelessness, particularly for inhabitants of sinking islands, violating the right to nationality under
Article 15 of the Universal Declaration of Human Rights[25].
The principle of non-refoulement, prohibiting return to places of harm, has been invoked in landmark cases like Teitiota v New Zealand, where the UN Human
Rights Committee recognized that climate threats could engage this obligation if risks are imminent and severe[26]. Extraterritorial obligations under human rights law require states to consider transboundary impacts, yet enforcement is weak.[27] Loss of livelihood exacerbates inequality, disproportionately affecting women, children, and indigenous groups, raising concerns under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the UN Declaration on the Rights of Indigenous Peoples.[28] Climate justice principles demand that high-emitting states bear responsibility, aligning with the polluter-pays doctrine in international environmental law.[29]
The Need for a New Legal Framework
The inadequacies of existing regimes necessitate a dedicated international treaty for climate refugees, potentially as a protocol to the 1951 Convention or a standalone instrument[30].
Such a framework could define "climate refugee" status, establish burden-sharing mechanisms, and integrate adaptation funding.[31]
Regional instruments in South Asia, like the SAARC framework, could be expanded to include migration provisions, fostering cooperation on shared vulnerabilities.[32]
Customary international law, including state responsibility for transboundary harm (e.g., Trail Smelter arbitration)[33], could evolve to encompass climate displacement,
supported by emerging norms like those in the International Law Commission's Draft Articles on the Protection of Persons in the Event of Disasters.[34]
However, without codification, these remain aspirational. A new treaty would promote equity, requiring developed nations to provide relocation pathways and financial support, addressing historical emissions[35].
Bangladesh: A Case Study
Bangladesh exemplifies the intersection of climate vulnerability and migration. Ranked among the most climate-risk-prone countries, it faces annual cyclones, floods, and sea-level rise projected to displace
up to 19.9 million by 2050.[36] Coastal districts like Satkhira and Khulna experience salinity intrusion, reducing arable land and prompting internal migration to urban slums.[37]
National policies, such as the Bangladesh Delta Plan 2100, address adaptation but overlook cross-border migration.[38] Internal displacement strains resources, with Dhaka absorbing millions, leading to overcrowding and health risks.[39]
Challenges include weak enforcement of land rights and gender disparities, where women face heightened vulnerabilities[40]. Bangladesh's case underscores the need for international support, as unilateral efforts cannot suffice against global climate drivers.
Way Forward & Recommendations
To bridge the legal vacuum, states must recognize climate refugees through a new treaty, defining criteria and rights.[41]
Institutional cooperation between UNHCR, IOM, and UNFCCC is essential for coordinated responses[42].
Recommendations include: (1) Amending the Paris Agreement to include binding migration provisions; (2) Establishing a global fund for relocation; (3) Promoting regional pacts in high-risk areas; and (4) Integrating climate justice into ICJ advisory opinions.[43]
Equity demands that developed nations lead, ensuring protection aligns with common but differentiated responsibilities. In conclusion, climate-induced migration demands a paradigm shift in international law. By enacting robust protections, the global community can uphold human rights and foster resilience in an era of environmental upheaval.
Conclusion
Climate-induced migration is an urgent and complex challenge that current international legal frameworks fail to adequately address.
The 1951 Refugee Convention excludes environmental displacement, leaving millions without legal protection despite escalating climate impacts.
This legal vacuum disproportionately affects vulnerable countries like Bangladesh, where climate change intersects with poverty and weak governance, forcing internal and cross-border migration.
Existing instrumentsâsuch as the UNFCCC, the Paris Agreement, and soft-law mechanismsâlack binding obligations and fail to offer meaningful safeguards. Human rights principles, including the right to life,
housing, and nationality, are increasingly at risk for climate-displaced populations. Cases like Teitiota v. New Zealand highlight emerging legal interpretations but remain limited in scope and application.
A paradigm shift is necessary. A new legal frameworkâeither a dedicated treaty or a protocol to existing refugee lawâmust formally recognize "climate refugees," ensure equitable burden-sharing, and integrate climate justice principles.
Developed nations, bearing historical responsibility, must lead through binding commitments, financial support, and relocation pathways. Bangladesh exemplifies the inadequacy of national adaptation without global solidarity.
As climate displacement accelerates, inaction threatens to undermine human rights, global stability, and the moral authority of international law. To uphold dignity and justice, the world must act now to fill this legal void.
>[1] Author is an Undergraduate Law Student (2nd Year) in the University of Chittagong, Bangladesh.
[2] Hoang Anh Q. (Jason) Nguyen, Are âClimate Refugeesâ Compatible with the 1951 Refugee Convention? https://www.e-ir.info/2024/08/13/are-climate-refugees-compatible-with-the-1951-refugee-convention/ accessed 23 July 23, 2025.
[3] UNHCR, The 1951 Refugee Convention accrssed 23 July 2025.
[5] Caitlan M. Sussman, A Global Migration Framework Under Water: How Can the International Community Protect Climate Refugees? https://cjil.uchicago.edu/online-archive/global-migration-framework-under-water-how-can-international-community-protect accessed 23 July 23, 2025.
[6] Othering & Belonging Institute at UC Berkley, Climate Crisis, Displacement, and the Right to Stay,https://belonging.berkeley.edu/climatedisplacement/case-studies/bangladeshaccessed 23 July 2025
[7]nternational Organization for Migration, 'Migration, Environment and Climate Change: Assessing the Evidence' (IOM 2009) 11
[8] USCRI, The 1951 Refugee Convention: Displacement Caused by Climate Change,July 15, 2025 https://refugees.org/the-1951-refugee-convention-displacement-caused-by-climate-change/
[9]Katha Kartiki, Climate change and migration: a case study from rural Bangladesh accessed 23 July 2025.
[10] Sneha Singal, Stateless in a sinking world: the untold plight of climate refugees, January 23rd, 2025 https://blogs.lse.ac.uk/humanrights/2025/01/23/stateless-in-a-sinking-world-the-untold-plight-of-climate-refugees/ accessed on 23 July 2025.
[11] Oriane Jolly, Climate change-induced migration - the protection gap and pacific Island states, 1 January 2020 accessed 23 July 23, 2025.
[12]Assraf , Esmat, Afsarul, Climate change-induced hazard risks and migration in Bangladesh: A case study https://www.sciencedirect.com/science/article/pii/S2666049024000136 accessed 23 July 2025.
[13]Maria Camila Duque, Climate Change in Bangladesh Shapes Internal Migration and Movement to India, September 4, 2024 https://www.migrationpolicy.org/article/bangladesh-india-climate-migration accessed 23 July 2025.
[14] Ibid
[15] Refugee Convention (n 2) art 1A(2).
[16] Ibid (n-1)
[17]Tyler Bergeron, No Refuge for âClimate Refugeesâ in International Law, January 20, 2023, https://law.lclark.edu/live/blogs/200-no-refuge-for-climate-refugees-in-international accessed 23 July 2025.
[18] Paris Agreement (adopted 12 December 2015, entered into force 4 November 2016) UN Doc FCCC/CP/2015/10/Add.1, preamble.
[19]IOM UN Migration, COP21 Paris Agreement: A Stepping Stone for Climate Migrants https://weblog.iom.int/cop21-paris-agreement-stepping-stone-climate-migrants, accessed 23 July 23, 2025.
[20]Phillip Dane Warren, Forced Migration After Paris COP21: Evaluating The âClimate Change Displacement Coordination Facility, Columbia Law Review, Vol. 166, No:8.
[21] Global Compact for Safe, Orderly and Regular Migration (adopted 19 December 2018) UN Doc A/RES/73/195.
[22]Valentina, Daniela, Can Regional Refugee Definitions Help Protect People Displaced by Climate Change in Latin America? February 16, 2021, https://www.refugeesinternational.org/can-regional-refugee-definitions-help-protect-people-displaced-by-climate-change-in-latin-america/ ; African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (adopted 23 October 2009, entered into force 6 December 2012) (Kampala Convention) accessed 23 July 2025.
[23] Swaraj Pandey, Climate Refugees and International Law: Legal Protection in the Age of Displacement https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5347649, accessed 23 July 2025.
[24]International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3, arts 6, 11.
[25] Ibid (n-9).
[26] UN Human Rights Committee, Views adopted by the Committee under article 5(4) of the Optional Protocol, concerning communication No 2728/2016 (24 January 2020) UN Doc CCPR/C/127/D/2728/2016; Ibid (n-10).
[27] JANE McADAM Climate Change, Forced Migration, and International Law, https://www.ohchr.org/sites/default/files/documents/issues/climatechange/cfi-hrc-53-session/submissions/2022-11-28/Jame-McAdam-4.pdf accessed 23 July 2025.
[28]Convention on the Elimination of All Forms of Discrimination Against Women (adopted 18 December 1979, entered into force 3 September 1981) 1249 UNTS 13; UN Declaration on the Rights of Indigenous Peoples (adopted 13 September 2007) UN Doc A/RES/61/295.
[29] Aminur Rahman, From threat to justice: rethinking the securitisation of climate-induced migration from the Global South https://www.tandfonline.com/doi/full/10.1080/00358533.2025.2530455?src=exp-la accessed 23 July 2025.
[30]UNHCR, UNHCR Official: âGood Case to Be Madeâ for Climate Refugees Protocol https://www.climate-refugees.org/spotlight/2023/11/2/unhcr-climate-refugees accessed 23 July 2025.
[31]Ibid (n-16).
[32] Kelsey Moe, Climate Change Refugees: Regional Agreements Can Better Fill the Gap in Legal Protection https://sites.uclawsf.edu/uclej/2018/01/13/climate-change-refugees-regional-agreements-can-better-fill-the-gap-in-legal-protection/ accessed 23 July 2025.
[33]Trail Smelter Case (United States v Canada) (1941) 3 RIAA 1905.
[34] https://www.frontiersin.org/journals/climate/articles/10.3389/fclim.2025.1567481/full accessed 23 July 2025.
[35] OKR, Climate Migration and Its Impacts on Women in Bangladesh https://openknowledge.worldbank.org/entities/publication/bec628c8-a2d8-459e-8942-1fe159eea6e4 accessed July 23, 2025.
[36] Caitlan M. Sussman, The Missing Refuge for âClimate Refugeesâ in the International Legal Framework: A Dialogue with Caitlan M. Sussman https://gjia.georgetown.edu/2024/09/21/the-missing-refuge-for-climate-refugees-in-the-international-legal-framework-a-dialogue-with-caitlan-m-sussman/
[37]Mia Prange, Climate Change Is Fueling Migration. Do Climate Migrants Have Legal Protections? https://www.cfr.org/in-brief/climate-change-fueling-migration-do-climate-migrants-have-legal-protections accessed 23 July 2025.
[38]Request for an Advisory Opinion on the Obligations of States in Respect of Climate Change (29 March 2023) UN Doc A/RES/77/276. International Law Commission, Draft Articles on the Protection of Persons in the Event of Disasters (2016) UN Doc A/71/10.
[39] Caitlan M. Sussman, A Global Migration Framework Under Water: How Can the International Community Protect Climate Refugees? https://cjil.uchicago.edu/online-archive/global-migration-framework-under-water-how-can-international-community-protect accessed 23 July 2025.
[40]Ibid (n-12).
[41] Ibid (n-8).
[42] Climate Displacement in Bangladesh The Need for Urgent Housing, Land and Property (HLP) Rights Solutions May 2012, https://unfccc.int/files/adaptation/groups_committees/loss_and_damage_executive_committee/application/pdf/ds_bangladesh_report.pdf accessed 23 July 2025.
[43]Orla, Guus, Bishwajit, Kelsea, Projecting climate migration in Bangladesh using agent based modeling and climate data.