A Looming Crisis: Exploring the Precarious Legal Status of ‘Climate Refugees’ Under International and Human Rights Law

INTRODUCTION. The year of 2018 marks with a global celebration of 70th anniversary of Universal Declaration of Human Rights, the landmark international document which represents the universal recognition that basic rights and fundamental freedoms are inherent to all human beings which is solemnly proclaimed by the UN member states. The most debatable and ambiguous issue is the determination of the legal status of this essential document. Given the fact that the Declaration was adopted by the UN General Assembly in a form of the resolution, it has a recommendatory character. However, the Declaration which adopted as “standard to which all nations and states should strive to achieve” has undergone a certain legal transformation related to the constant development and refinement in the process of concluding a rich body of legally binding international human rights treaties that affected both domestic and international law. In this regard, the statements on the necessity of recognition of the certain provisions of the Declaration as norms of the international customary law are timely and fully justified. The article analyzes national judicial practice of sovereign states and the International Court of Justice in order to identify the possibility of such recognition. MATERIALS AND METHODS. The article is based on a considerable amount of materials, including the Universal Declaration of Human Rights, working materials of the UN Commission on Human Rights, statements made during General Assembly meeting (documented as verbatim records) on adoption of the Declaration, decisions and advisory opinions of the International Court of Justice, as well as the doctrinal positions of different authors. The methodological basis of the research comprises the general scientific methods (the dialectical, historical, statistical methods, methods of generalization and system analysis) and special methods of cognition (comparative legal and formal legal methods, methods of interpretation of legal norms). RESEARCH RESULTS. In the basis of the study of the international legal acts and international judicial practice, national legislation and judicial practice of concrete states, as well as doctrinal positions of scientists, the author makes conclusions on the legal status of the Universal Declaration of Human Rights. DISCUSSION AND CONCLUSIONS. In the article the author gives a historical reference on the diplomatic contestation in the period of the adoption of the Declaration which subsequently affected the final text of the document. Taking into account the moral significance, as well as weighty contribution of the Declaration to the adoption of international and regional human rights treaties, national legislation and judicial practice, the author comes to the conclusion that the certain provisions of the Declaration should be recognized as norms of the international customary law. The author also concludes that in modern conditions, when a number of states are still not a party to the main international human rights treaties, the provisions of the Universal Declaration of Human Rights should act for them as binding norms of international customary law that are formed as a result of international practice of states and are gradually recognized by them as a legal norm. This conclusion is also formed on the basis of the practice of the International Court of Justice, the decisions and advisory opinions of which are analyzed by the author in this article.

This study analyses US state court behaviours in citing international human rights treaties to advance human social rights. Employing case analysis and logistic regression, we find that US state court citation practices to human rights treaties provide support for human social rights depending upon the type of human rights treaty cited; whether the case opinion is a published decision; and, whether the judicial opinion is a criminal or civil case. These judicial citation practices provide US state judges with the institutional capacity to advance universal human social rights. Theoretical and empirical implications are presented in the concluding section.

Reviewed by: Mobilizing for Human Rights: International Law in Domestic Politics David Cingranelli (bio) Beth Simmons, Mobilizing for Human Rights: International Law in Domestic Politics (Cambridge Univ. Press 2009) 451 pages, ISBN 9780521885102. This is one of the most important books in decades on the effectiveness of international law in affecting human rights practices. It is an outstanding example of testing theory using a combination of qualitative and quantitative analyses. For students and scholars who want to understand how and when international human rights law works this book is a must-read. Simmons argues that international human rights law has made a positive contribution to the realization of human rights in much of the world. In support of this argument, she shows that governments that ratify human rights treaties improve their treaty-relevant human rights practices more than governments that do not. Although governments sometimes ratify human rights treaties insincerely, gambling that they will experience little pressure to comply with them, Simmons contends that this is not typically the case. Focusing on rights stakeholders within ratifying countries rather than external pressure from the United Nations or other states, she demonstrates that the ratification of treaties leads to better rights practices on average. By several measures, civil and political rights, women’s rights, a right not to be tortured in government detention, and children’s rights improve, especially in the very large heterogeneous set of countries that are neither stable autocracies nor stable democracies. Simmons argues that the international community should give more practical and rhetorical support to international human rights law as a supplement to broader efforts to address conflict, development, and democratization. She devotes about 40 percent of the book to developing theoretical arguments about why governments commit themselves to be bound by international law and then subjecting those arguments to empirical tests. The author uses most of the rest of the book to develop arguments about why states comply with their treaty commitments and subjecting those arguments to empirical tests. Her main argument about compliance is that treaties alter politics and human rights practices in certain settings by providing opportunities for social mobilization. There are four findings chapters—each focused on estimating the effects of joining a different human rights treaty. The last chapter is a well written summary of her findings, how they relate to her theories of commitment and compliance, and the implications of her findings for policy and practice. The two appendices to the book will be especially useful to those who wish to replicate her study or conduct similar studies. Appendix one provides a detailed account of the measures used in the quantitative analyses. Appendix two shows the countries included in her study broken down by the degree of the rule of law and by regime type—two of the most important characteristics explaining treaty commitment and compliance. [End Page 761] Simmons acknowledges that her arguments about the effectiveness of human rights treaty commitments run counter to most previous research. She notes that most previous relevant research in the fields of international law and human rights has relied on evidence from intensive case studies about treaty participation effects in individual countries. Her research, in contrast, looks for evidence of relationships between commitments to human rights treaties and human rights performance over a broad span of time and space. The data shows patterns that were not easily demonstrated in the previous quantitative or case study work conducted by other scholars. Simmons complements her quantitative evidence with detailed discussions of how treaties have influenced politics and practices in particular countries. The qualitative work in the book is useful in exploring the causal mechanisms by which government commitments to treaties are translated into subsequent better human rights practices. Her argument is that commitments to human rights treaties do not affect human rights practices by all the governments that make such commitments. They matter most where they have “domestic political and legal traction.”1 Her book is focused on identifying the conditions under which such traction is possible. Thus, even her quantitative research is more nuanced than most previous quantitative studies on this topic, which have generally reached more pessimistic conclusions about the effectiveness of international human rights...

Since the general framework of international human rights law has been built in the 1960s to the 1980s, a new generation of questions has arisen, which focuses more on the effectiveness of that framework and, particularly, on its impact at national level. The role of national authorities is vital in this respect. International human rights can only be effective on the ground, where they really matter, if national courts, parliaments, and governments rely on them, and if civil society mobilizes in order to hold authorities accountable on that basis (see, e.g. D. Beyleveld, ‘The Concept of a Human Right and Incorporation of the European Convention on Human Rights', (1995) Public Law, 577; C. Heyns and F. Viljoen, The Impact of the United Nations Human Rights Treaties on the Domestic Level (The Hague: Kluwer Law International, 2002); O. Schachter, ‘The Obligation to Implement the Covenant in Domestic Law’ in L. Henkin (ed.), The International Bill of Rights. The Covenant on Civil and Political Rights (New York: Columbia University Press, 1981), p. 311; on the role of national courts in applying international human rights, see B. Conforti and F. Francioni (eds.), Enforcing International Human Rights in Domestic Courts (The Hague: Martinus Nijhoff, 1997)).

“Climate Refugees”—A Useful Concept?

A 2019 decision by the Human Rights Committee concerning the status of Teitiota and his family as “climate change refugee” in New Zealand has become a hotspot for discussion concerning application of the principle of non-refoulement under human rights treaties. The decision concludes that there may be circumstances where the principle of non-refoulement under human rights treaties may apply to people fleeing climate change in their country of origin, if the people are able to provide evidence on “imminent threat to life.” While the Committee did not recognize Teitiota and his family as climate change refugees, under Article 6 of the International Covenant on Civil and Political Rights, it also ruled that this case may open pathways for application of non-refoulement in future. The author analyzes the key elements of the decision, while also highlighting that the Committee failed to apply the “best interest of the child” principle under analysis of Article 6.

Climate change has emerged as a significant driver of human displacement, forcing millions of people to leave their homes due to environmental degradation, extreme weather events, and rising sea levels. This study examines the legal protection gaps facing environmental migrants under international human rights law through a comprehensive qualitative analysis. The research employed document analysis, case study examination, and policy review to investigate how current international legal frameworks fail to adequately protect climate-displaced persons. Key findings reveal that the 1951 Refugee Convention excludes environmental displacement from its protection scope, leaving millions without legal status or rights. The landmark Teitiota v. New Zealand case established important precedent recognizing climate change as a potential trigger for non-refoulement obligations under international human rights law, particularly Article 6 of the International Covenant on Civil and Political Rights. However, significant gaps persist in complementary protection mechanisms, regional frameworks, and national implementation. The study identifies 218 million internal displacements globally due to weather-related disasters between 2013-2023, with an estimated 170 million people potentially displaced by 2050. Legal analysis demonstrates that while international human rights law provides broader protection potential than refugee law, extraterritorial obligations remain unclear and application inconsistent. The research concludes that comprehensive legal reform is urgently needed, including expanded complementary protection mechanisms, clearer non-refoulement obligations for climate displacement, and strengthened regional cooperation frameworks to address this growing humanitarian crisis.

Though Taiwan is not a member state of the United Nations, it is determined to incorporate some international human rights treaties in the same way a usual state does. In 2009, the Government made every effort to “ratify” the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination of All Forms of Discrimination against Women into the domestic legal system in accordance with the “treaty obligation.” Unsurprisingly, none of the instruments of ratification were successfully deposited with the Secretary-General of the United Nations. Two years later, the Government submitted its initial reports under the two Covenants to a group of ten international independent experts for review in Taiwan. In this connection, the Government and people of Taiwan have come to recognize that international human rights law constitutes an integral part of the legal system of Taiwan. With this recognition, the courts have occasionally applied or referred to the two Covenants in their decisions and judgments in spite of the doubts and criticism as to the validity of the international human rights treaties’ rules. Apparently, the determination to internalize international human rights law into the domestic legal system of Taiwan is beyond any doubt; however, several problems have emerged subsequent to the failure of completing the process of ratification under international law. The problems may be summarized as follows. First, the question concerning the capacity to conclude international treaties and the nature of the legal effect as regards the unilateral act by Taiwan in the context of international law. Second, the status and effect of international human rights treaties in the domestic legal order of Taiwan, Third, there are questions concerning the method of incorporating international human rights treaties by enacting the Implementing Act, which was specifically designed to create the binding force of the treaty law within the jurisdiction of Taiwan. Fourth, the practice applied by the courts or in constitutional interpretation as regards the rights and freedoms in the human rights treaties. Without proper theory and adequate practices concerning how to incorporate international human rights treaties in Taiwan, international human rights law is nothing but an unexpected and unwelcome international law that has caused an unpleasant disturbance in the domestic legal order. That said, this chapter intends to elucidate the legal implications of these questions and the problems therein and to deliberate a possible solution for the judiciary to take the rights and fundamental freedoms seriously.

This research explores the role of international human rights treaties in promoting gender equality and women's empowerment in Indonesia. The study adopts a mixed-methods approach, combining qualitative and quantitative data collection techniques. The research delves into the implementation and enforcement of international human rights treaties, examining their alignment with domestic laws and policies. The study highlights the challenges and opportunities faced in advancing gender equality in Indonesia. Survey data from diverse stakeholders and insights from interviews and document analysis provide comprehensive findings. The research underscores the positive impact of international human rights treaties on gender-related policies but identifies challenges like limited resources and traditional cultural norms. The study concludes with evidence-based recommendations to enhance the influence of international human rights treaties in achieving gender equality and empowering women in Indonesia.

Aboriginal rights have attracted much media attention, nationally and internationally, over the last thirty years. Some important issues surrounding the debate on aboriginal rights relate to land, cultural survival and identity, the right to self-government, and the interaction between collective and individual rights. These issues are often interlinked so that land is of central significance to aboriginal cultural survival and identity, and without land aboriginal peoples cannot assume effective self-governance over their communities. International law has influenced the debate through emerging norms on the rights of indigenous peoples. Indeed, Canada has been at the forefront of standard-setting activities at the United Nations Working Group on Indigenous Populations. The Working Group drafted the Draft UN Declaration on the Rights of Indigenous Peoples in 1994, which is currently being considered by the UN Commission on Human Rights for adoption as a UN General Assembly Resolution. International law is of relevance where aboriginal peoples are prevented from pursuing domestic remedies for human rights violations, or where remedies do not exist. Domestic law is also subject to international law to the extent that a state ratifies international human rights treaties, agreeing to be bound by obligations to implement treaty provisions, and to monitor compliance through reporting and individual complaints procedures. Developments under international law may also influence domestic law.

Rights and wrongs

The UN General Assembly has recently recognised that unsustainable development and climate change ‘constitute some of the most pressing and serious threats to the ability of present and future generations to effectively enjoy all human rights’. International human rights law is evolving to obligate States to tackle climate change, including through mitigation measures. At the same time, economic growth and sustainable development are often upheld to underpin the realisation of human rights. However, economic growth is a significant contributor to climate change, which, in turn, harms human rights. This article argues that these contradictions require a recalibrated interpretation of economic growth under international human rights law, in particular in terms of; (i) the nature of the relationship between human rights and sustained economic growth in Global North States, which disproportionately contribute to climate change, and consequentially (ii) the degree of alignment of the 2030 Agenda on Sustainable Development with international human rights law. Different visions are abounding for ecologically sustainable social and economic life. This includes proposals for degrowth which centre on a planned reduction in consumption and use of resources, especially in the Global North. This article uses degrowth as a case study to argue that such proposals provide crucial insights to support the interpretation of, and pathways for, the realisation of human rights within planetary boundaries, and to shape a rights-based, and sustainable post-2030 development landscape.

he last decade has seen historic advances in the formal establishment of the human right to water and global agreements on development goals that target improved access to water and sanitation. How...

There continued to be significant engagement with human rights issues by the Irish legislature, government and judiciary in 2008. The strengthening of the human rights of trafficking victims, lesbian, gay and bisexual men and women are worthy points of note. This must be contrasted with the continuing controversies in immigration law, the failure of the Irish Government to legislate so as to protect the rights of transgendered persons and the severe financial cutbacks imposed on the Equality Authority and the Irish Human Rights Commission. The number of cases argued before the Irish Courts on issues relating to human rights continues to rise. The judiciary have engaged in human rights disputes in a large number of areas, ranging from criminal law, family law, child law, immigration law, property law and mental health law. The incorporation of the European Convention on Human Rights and Fundamental Freedoms into Irish law has had no small part to play in the increase in human rights adjudication before the courts. As can be seen from the range of cases examined below, judicial engagement with other international human rights law instruments and treaties remains low. Nevertheless, in the area of child law at any rate, the judiciary seems more prepared to at least make reference to international legal instruments in coming to decisions, even if domestic or European human rights law can solve the issue at hand. It remains to be seen whether in future years, judicial reference to unincorporated international human rights treaties will expand.

The ill-effects of climate change caused by the emission of greenhouse gases are droughts; storm surges which destroy infrastructure, housing and crops; and rise in sea levels which adversely affect small island states which could eventually be submerged and force citizens who flee because of the ill-effects of climate change to be described as ‘climate change refugees’. Refugees under the 1951 Refugee Convention and its 1967 Protocol are persons who cross international borders and have a well-founded fear of persecution. Climate change refugees are persons who flee for reasons other than persecution and who do not have legal status. And yet, preventive responses of international law to climate change refugees raise the issues of global justice. The objects of this paper are: i) to evaluate the proffered extension of International Refugee Law to climates change refugees; ii) to discuss the role of international human rights law as a complementary protection for climate change refugees; iii) to evaluate the protection under international environmental law; iv) to discuss the migration options; v) to discuss disappearing states, statelessness and relocation; and vi) to assess critically the feasibility and desirability of a Climate Change Treaty based on a monist-naturalist conception of global justice privileging human dignity as one of its guiding principles.