Climate Change, Displacement and Human Rights: The Principle of Non-Refoulement and the Right to Life in the Context of Climate Change

Sammanfattning: Millions of people are displaced annually due to environmental stress and degradation, causing them to move in prospects of a sustainable livelihood. However, given the lack of mechanisms and systems to provide legal protection for displaced individuals, the future of such migrants is uncertain. Using a human rights-based approach, this thesis critically examines whether the principle of non-refoulement based on the right to life protects individuals displaced across borders by the impacts of climate change. Through an analysis of the international refugee regime, the thesis concludes that a legal lacuna exists due to difficulty conceptualizing climate change-related movement within the refugee definition. As such, complementary protection under the human rights regime by the principle of non-refoulement in light of the expanding protection on the right to life emerges as a possible alternative. The thesis conducts an in-depth analysis of three scenarios in which a violation of the right to life may trigger non-refoulement obligations. While a path for protection is identified, it is arguably more theoretical than practical. Two obstacles — a high threshold for establishing a violation of the right to life and the concept of ‘imminence’ — constrict the utility of the principle of non-refoulement, especially in the context of slow-onset environmental degradation. These challenges are critically analyzed, which generates several pathways to enhance and strengthen protection. Recognizing these limitations, the thesis examines the potential contribution of climate change litigation in developing and expanding the law. The findings show that in addition to formal regulatory effects, litigation can generate normative shifts necessary for change. Until the international community adopts new, binding instruments to protect individuals displaced by climate change, the thesis concludes that climate change litigation is one place where our focus should be.