Climate Refugees and International Protection: Expanding the Scope of the Refugee Convention

Abstract

Climate change has emerged as a defining driver of human displacement, forcing millions to flee rising seas, desertification, and extreme weather. Yet, those displaced by environmental causes remain outside the protective scope of the 1951 Refugee Convention and its 1967 Protocol, which narrowly defines refugees as victims of persecution. This article examines the normative and practical gaps in international protection for “climate refugees,” highlighting the inadequacy of current frameworks in addressing this evolving humanitarian crisis. Using a doctrinal legal methodology, the study analyses international and regional instruments, case law such as Teitiota v. New Zealand, and soft-law initiatives including the Nansen Initiative and the Global Compact for Migration. The key finding is that while human rights treaties and regional practices provide some avenues of protection, they remain fragmented, discretionary, and insufficient for the scale of climate-induced displacement. The article argues for expanding protection through reinterpretation of the Refugee Convention, adoption of a dedicated protocol, and the strengthening of human rights-based and regional approaches. By proposing a multi-layered strategy, it underscores the urgency of aligning international protection regimes with the realities of climate displacement to ensure both justice and solidarity for affected populations. The accelerating effects of climate change are producing unprecedented displacement across the globe. Rising sea levels, desertification, floods, and extreme weather events increasingly force populations to flee their homes in search of safety and livelihood. Yet, the existing international legal framework particularly the 1951 Refugee Convention and its 1967 Protocol fails to provide adequate protection for these “climate refugees.” This article critically examines the limitations of the current refugee regime, explores the normative debates surrounding the recognition of climate-induced displacement, and argues for the expansion or reinterpretation of international protection mechanisms. It proposes a multi-layered approach that includes reinterpretation of existing refugee law, development of soft-law instruments, and the creation of a specialized protocol addressing climate-induced displacement.