Recognition of the Rights of the Victims of Climate Change under Public International Law: A Study

  • Piyali Sengupta

Abstract

In recent years, climate change is emerging as a major
environmental disaster. The impact of such disasters has
been the rise in global temperature and flooding of coastal
zone communities, frequent droughts and disruptions in
rainfall pattern. This has resulted in the increase in the
number of environmental refugees. Climate change
disasters constitute a major reason for displacement of
population than war and persecution. Climate induced
migration is a highly complex issue. The status of climate
refugees is not recognized in the international framework.
The non recognition of these victims in international and
national legislations has not only deprived them of their
basic human rights but has also raised crucial questions
relating to their existence and identity. This paper tries to
bring out the lacunae in the present policy and legal
framework relating to environmental refugees with
reference to the non-refoulement principle. Further, the
paper emphasizes on the need to include climate refugees
under the term „refugee‟ as laid down in the United
Nations Convention relating to the Status of Refugees,
1951and provides suggestions for improving the
condition and protection of this hitherto neglected
population.

##submission.authorBiography##

Piyali Sengupta
Second Year, BA LLB, Hidayatullah National University, Raipur;
Published
2013-12-01
How to Cite
SENGUPTA, Piyali. Recognition of the Rights of the Victims of Climate Change under Public International Law: A Study. Christ University Law Journal, [S.l.], v. 2, n. 2, p. 41-58, dec. 2013. ISSN 2278-4322. Available at: <http://journals.christuniversity.in/index.php/culj/article/view/379>. Date accessed: 27 may 2019. doi: https://doi.org/10.12728/culj.3.3.