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14-15 ISIL Y.B. Int'l Human. & Refugee L. 216 (2014-2015)
Climate Refugees under International Climate Law and International Refugee Law: Towards Addressing the Protection Gaps and Exploring the Legal Alternatives for Criminal Justice

handle is hein.journals/isilyrbk13 and id is 221 raw text is: CLIMATE REFUGEES UNDER INTERNATIONAL CLIMATE LAW AND INTERNATIONAL REFUGEE LAW: TOWARDS ADDRESSING THE PROTECTION GAPS AND EXPLORING THE LEGAL ALTERNATIVES FOR CLIMATE JUSTICE STELLINA JOLLY* & NAFEES AHMAD** Abstract Climate Change (CC) has emerged as the major human crisis of the century with devastating consequences. The predicted and seen consequences includes rising average sea level, coastal flooding, salt water intrusion, increased /decreased availability of water, extreme catastrophes in the form of droughts, heat waves, violent storms, and floods. Climate change will affect all countries, in all parts of the globe, but its impacts will be distributed differently among regions, communities and genders. The Intergovernmental Panel on Climate Change (IPCC) warns that migration and resettlement may be the most threatening short-term effects of climate change on human settlements. The paper addresses the legal protection of climate-induced displaced population. The main focus of the paper is not on whether to address the climate displaced population as migrants or refugees. The idea is that climate change is a humanitarian crisis and whatever may be the complex political, economic and social factors influencing the extent of climate change, the situation will produce a large number of people who could be compared to traditional refugee- like situations in terms of vulnerability and the absolute lack of control of existence and resources. Whatever may be the name assigned to climate- induced displacement; the legal response is called for. The paper addresses the extent of protection granted to climate-displaced people under international climate law, and International refugee law and attempts to recommend the appropriate legal framework under which the issue of climate change displacement could be addressed. Keywords: Climate Change, Climate Justice, 1951 UN Convention on Refugees, UNFCC Climate Refugees, Human Right, * Assistant Professor, Faculty of Legal Studies South Asian University, New Delhi stellinajolly#sau.ac.in ** LL.M, Ph. D, Assistant Professor, Faculty of Legal Studies-South Asian University, New Delhi <drnafeesahmad(&sau.ac.in>

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