Displaced by Climate Change: Navigating Legal Framework for ‘Climate Refugees’ in International Environmental Law

Climate change is a security problem in as much as the kinds of environmental changes that may result pose risks to peace and development. However, responsibilities for the causes of climate change, vulnerability to its effects, and capacity to solve the problem, are not equally distributed between countries, classes and cultures. There is no uniformity in the geopolitics of climate change, and this impedes solutions.


 
 
 The decade starting from 2010-2020 was recorded the warmest decade in the history. The new principles such as Climate litigation, climate justice, climate legislation have been catapulted to the forefront of the environmental litigation and environmental laws. As per the United Nations Framework Convention on Climate Change (UNFCC) the human activities is the substantial cause for increasing of Greenhouse gases in the atmosphere which would results in additional warming of the earth‘s surface and the atmosphere and also may adversely affect the natural eco system and human kind. Article 2 of the UNFCCC defines climate change as, a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods. Changes in the physical environment or biota resulting from climate change which have significant deleterious effects on the composition, resilience or productivity of natural and managed ecosystems or on the operation of socio-economic systems or on human health and welfare are the effects of climate change. As a matter of fact climate change is the direct result of global warming and the emission of greenhouse gases to the atmosphere has escalated the earth‘s temperature level. The Resolution adopted by the General Assembly which includes 2030 Agenda for Sustainable Development urges States to take urgent action to combat climate. UNFCC, Kyoto Protocol and Paris Agreement constitute the international legal regime that deals with climate change. These were the results of entering into international consensus in the aim of reducing the greenhouse emission and thereby to effectively handle the climate change impacts. The objective of the paper is centered on the appraisal of the international and national legal framework that have been enacted to curb the climate change. To this end the research paper employs a qualitative methodology. Conventions, Resolutions adopted by the United Nations, legislations such as National Environment Act, Fauna and Flora Act, Coastal Conservation Act etc , policies and regulations, case laws from foreign jurisdiction are utilized as primary sources and the scholarly articles, journals, peer reviewed articles are utilized as secondary sources. The findings of the paper emphasizes that the synergy between the international and national legislations should be strengthen if the legislature is to find prolific solutions to this complex issue. Finally the paper concludes that it must be taken into consideration that if all States are to combat this unprecedented crisis, no instrument can be ignored.
 Keywords: Climate change, Climate litigation, Environment, Global warming, Sustainable development
 
 

This introductory chapter outlines the scope and development of international climate change law which addresses the unique nature of climate change and its complexities. The twentieth century saw the international community identifying and recognizing climate change as a global problem. Drawing from the basic tenets of international environmental law, the United Nations established two international legal frameworks that form the backbone of the international climate change regime—the United Nations Framework Convention on Climate Change (UNFCCC), and the Kyoto Protocol. The UNFCCC, as a framework instrument, sets the parameters for global discourse and provides an essential forum for dialogue and decision-making on climate change matters. It is extended and complimented by the Kyoto Protocol, which sets out legally binding emission reduction obligations for developed country parties, provides for a series of market-based mitigation tools, and generally adds further contour to the legal framework established under the UNFCCC.

Agriculture contributes to climate change to a considerable extent. Agriculture is also among the sectors that will suffer the largest negative impacts of climate change, for which, consequently, huge adaptation efforts are needed. At the same time this sector faces the challenge of feeding a growing world population that is getting richer, leading to a tremendous increase in demand for agricultural products between now and 2050. Yet agriculture has only played a marginal role in the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. Because emissions from agriculture have been rising on a yearly basis since 1990, and because the increase in demand for agricultural products (both for food and for biofuels) will cause emissions to rise further, agriculture can no longer be ignored in international negotiations. The Paris Agreement, though, is not expected to drastically change the role of agriculture in the international legal framework on climate change mitigation and adaptation. This chapter critically assesses the current and potential role of the UNFCCC and related documents, most importantly the Kyoto Protocol, in addressing the combined challenges of reducing greenhouse gas emissions and adapting to changing climate while increasing productivity for the agricultural sector. The chapter first focuses on mitigation, next addresses adaptation and then briefly looks ahead by reviewing the Paris Agreement, which was finalized at the UNFCCC’s COP21 in December 2015.

Avoiding the Doldrums: Evaluating the Need for Change in the Offshore Wind Permitting Process

This book lifts the taboo on maladaptation, a different driver of environmentally induced migration, which shines a light on the negative consequences arising from the solutions to climate change, adaptation and mitigation policies. Through a systematic analysis and critique of existing mitigation and adaptation polices under the United Nations Framework Convention on Climate Change (UNFCCC) and international development community, and supplemented by a small empirical study in Indonesia, this book catalogues how maladaptation is manufactured under existing climate change solutions. It posits that customary communities in general- and women in particular- are disproportionately affected by the dominant market-driven logics that underscore current climate change solutions adopted by the UNFCCC. The injustice of maladaptation is highlighted as multi-faceted and explored using political, economic, social and ecological lenses, and the concept of environmental reintegration is also explored as a possible solution to this issue. Further possibilities are then presented in the Afterword, as a combination of what the new (post-neoliberalism) conjuncture could potentially look like. This volume will be of great interest to students, scholars and practitioners of climate change, environmental policy, environmental migration and displacement, development studies, I/NGOs and civil society actors and activists more broadly.

The United Nations Framework Convention on Climate Change (UNFCCC) is the centre of the global policy response to climate change. The Paris Agreement, a legally binding treaty under the UNFCCC, has located climate change adaptation as a critical component of the global response to climate change. The Paris Agreement also establishes an enhanced transparency framework to track progress towards Parties climate change commitments. However, the UNFCCC has consistently maintained a marked difference in provisions for reporting climate change adaptation and climate change mitigation. Consequently, reporting on climate change adaptation lags far behind in detail when compared to that for reporting on climate change mitigation. Using literature review as the main method of analysis, this paper aims to understand the underlying factors that have resulted in the lack of specificity of reporting provisions of the UNFCCC for climate change adaptation and the consequences of non-mandatory provisions for reporting on climate change adaptation on national and global adaptation practice. The paper then highlights the benefits of regular reporting of climate change adaptation to the UNFCCC. It makes important contribution to the growing literature on global environmental governance, especially on national reporting of adaptation information, an under-studied and a poorly understood field.

Climate change poses a profound threat to ASEAN island nations, including Indonesia, the Philippines, Brunei Darussalam, and Singapore. These countries are particularly vulnerable to rising sea levels, tropical storms, coastal ecosystem degradation, and biodiversity loss, requiring comprehensive legal and policy responses. This study adopts a normative legal approach to examine international environmental law instruments, such as the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement, alongside ASEAN regional frameworks, including the ASEAN Agreement on Disaster Management and Emergency Response (AADMER). Using statutory, conceptual, and comparative approaches, the research analyzes the extent to which international legal principles are integrated into national and regional adaptation policies. Findings indicate that principles such as the Common but Differentiated Responsibilities (CBDR) approach, the precautionary principle, and sustainable development have been incorporated, although implementation varies significantly across states. The Philippines demonstrates a strong disaster adaptation legal framework, while Indonesia struggles with interagency coordination. Brunei emphasises ecosystem conservation, and Singapore pursues technology-driven adaptation policies. At the regional level, ASEAN has introduced cooperative mechanisms; however, these largely remain in the realm of soft law, with limited enforcement power. The study emphasizes the need to strengthen regional legal instruments, align national policies with international frameworks, and increase access to international funding and technology.

Better information on greenhouse gas (GHG) emissions and mitigation potential in the agricultural sector is necessary to manage these emissions and identify responses that are consistent with the food security and economic development priorities of countries. Critical activity data (what crops or livestock are managed in what way) are poor or lacking for many agricultural systems, especially in developing countries. In addition, the currently available methods for quantifying emissions and mitigation are often too expensive or complex or not sufficiently user friendly for widespread use.The purpose of this focus issue is to capture the state of the art in quantifying greenhouse gases from agricultural systems, with the goal of better understanding our current capabilities and near-term potential for improvement, with particular attention to quantification issues relevant to smallholders in developing countries. This work is timely in light of international discussions and negotiations around how agriculture should be included in efforts to reduce and adapt to climate change impacts, and considering that significant climate financing to developing countries in post-2012 agreements may be linked to their increased ability to identify and report GHG emissions (Murphy et al 2010, CCAFS 2011, FAO 2011).

Objective: This study aims to analyze the measures undertaken by the UN to support developing countries in exploiting their marine renewable energy (MRE) resources from their Exclusive Economic Zones (EEZs) to promote development while reducing world energy poverty. Theoretical Framework: The study is grounded in international legal and institutional frameworks, such as the UN Convention on the Law of the Sea (UNCLOS), the Paris Agreement, and the United Nations Framework Convention on Climate Change (UNFCCC), all focusing on technology transfer, protection of the environment, and fair sharing of marine resources. Method: This analysis utilizes a qualitative legal analytical approach in analyzing principal UN legal documents and institutional structures, such as the Climate Technology Centre and Network (CTCN) and the Sustainable Energy for All (SEforALL) initiative. Case studies in Mauritius, Vietnam, Brazil, and Namibia form part of this study. Data include formal United Nations documents, academic writing, and international organization technical reports. Results and Discussion: The results indicate that the UN has established legal and institutional frameworks for the transfer of marine renewable energy technology. However, its implementation is inhibited by insufficient binding mechanisms for implementation, the existence of financial and technical constraints, as well as limited cooperation between North and South. These challenges are discussed in light of energy justice and blue economy governance for sustainability. Research Implications: This study emphasizes that commitments to law need to be turned into practical mechanisms for realization. It makes concrete suggestions for enhancing international cooperation, models for financing, as well as developing countries. Originality/Value: This study links legal analysis to policy practice and informs international discourse on the governance of marine technologies. This work provides new ideas to address institutional challenges and practical alternatives to ensure an equitable and sustainable energy transition process.

Negotiating failure: understanding the geopolitics of climate change

INTRODUCTION. The article examines the historical establishment of the United Nations Framework Convention on Climate Change (UNFCCC) and its role as the foundational framework for the international climate legal regime. The study highlights the importance of the choices made during the drafting of the Convention, analyzing their long–term impact on global climate governance. The research explores the events leading up to the Earth Summit (Rio Conference) in 1992, where the UNFCCC was adopted, and investigates how its fundamental principles and obligations shaped subsequent climate policies, including the Kyoto Protocol and the Paris Agreement. The study aims to contextualize the Convention within the broader historical and legal developments in international environmental law.MATERIALS AND METHODS. The research follows a qualitative legal–historical approach, utilizing primary sources, including treaty texts, General Assembly resolutions, advisory opinions from international courts, and official conference proceedings. Additionally, secondary sources, such as academic commentary, environmental law textbooks, and journal articles, provide insights into the evolution of international climate law. The study is divided into two key phases. 1. Historical Analysis: A chronological examination of the negotiations preceding the UNFCCC, focusing on the Stockholm Conference (1972), the Montreal Protocol (1987), and scientific reports from the Intergovernmental Panel on Climate Change (IPCC). 2. Legal Framework Analysis: An evaluation of the legal principles enshrined in the UNFCCC, such as sustainable development, common but differentiated responsibilities (CBDR), and intergenerational equity, as well as an assessment of its institutional mechanisms, including the role of the Conference of the Parties (COP).RESEARCH RESULTS. The UNFCCC as a Normative Framework: Despite being considered a “framework convention” with broad and non– binding commitments, the UNFCCC introduced fundamental legal principles that later became the cornerstone of climate governance. Legal Innovations and Institutionalization: The Convention established a system of cooperation among states, creating institutional mechanisms such as the COPs, which facilitated continued legal evolution in climate governance. The establishment of the UNFCCC Secretariat further institutionalized climate negotiations. Enduring Influence on International Law: The Convention remains a reference point for climate litigation and international advisory opinions, particularly in recent cases before the Inter–American Court of Human Rights and the International Tribunal for the Law of the Sea. These legal bodies have increasingly drawn upon UNFCCC principles to determine states' obligations concerning climate change.DISCUSSION AND CONCLUSION. The article concludes that the UNFCCC, despite its perceived initial weaknesses, has proven to be a resilient and foundational legal instrument in international climate governance. The Convention's principles and procedural mechanisms have enabled the development of binding legal commitments, such as those found in the Kyoto Protocol and the Paris Agreement. Moreover, its flexible institutional design has allowed it to adapt to emerging challenges, such as climate litigation and advisory proceedings in international courts. Looking forward, the UNFCCC is expected to continue shaping future legal obligations related to climate action, particularly as climate disputes become more prominent in international judicial bodies. The study underscores the ongoing relevance of the UNFCCC in the face of evolving environmental challenges, reaffirming its status as the standard framework for global climate governance.

What role can one group of small and medium-sized countries play in breaking the long-standing impasse on climate change? What explains the formation of such a group and how can we assess its impact on outcomes such as the 2015 Paris Agreement? This article assesses the Independent Association of Latin America and the Caribbean (La Asociación Independiente de América Latina y el Caribe – AILAC) and its contribution towards cutting the Gordian Knot of climate interests and the building of a universal global regime on the issue. We review the origins and evolution of AILAC as well as its contributions to the Paris Agreement adopted in 2015 on five key issues. We conclude with an assessment on the group’s future prospects and challenges. Policy relevance Understanding AILAC’s origins, evolution, and contributions to the Paris Agreement has important implications for analysing the future possibilities and direction of global climate policy. AILAC represents a unique example of a group of small and medium-sized countries that succeeded in having an impact upon the pivotal 2015 Paris negotiations. Rather than originating from national leaders, the formation of the group was orchestrated organically by country negotiators, as they looked to increase their countries’ visibility and influence at the negotiations. The article discusses the areas of the Paris Agreement where the group had an impact: differentiation between developed and developing country obligations, the legal architecture of the agreement, the format and review of the Intended Nationally Determined Contributions (INDCs), climate finance, and adaptation to climate impacts. Beyond the 21st Conference of the Parties, AILAC faces two crucial tests. First, whether the group’s high ambition rhetoric at the United Nations Framework Convention on Climate Change (UNFCCC) can be matched by national policy advances on climate change and the implementation of the Nationally Determined Contributions. Second, can the group successfully consolidate its positions at the UNFCCC and overcome institutional challenges, while taking on new members? The AILAC case offers a significant example of norms and ideas effectively spreading between countries at the UNFCCC, while contributing to enhanced global and national action on climate change.

What role can one group of small and medium-sized countries play in breaking the long-standing impasse on climate change? What explains the formation of such a group and how can we assess its impact on outcomes such as the 2015 Paris Agreement? This article assesses the Independent Association of Latin America and the Caribbean (La Asociación Independiente de América Latina y el Caribe – AILAC) and its contribution towards cutting the Gordian Knot of climate interests and the building of a universal global regime on the issue. We review the origins and evolution of AILAC as well as its contributions to the Paris Agreement adopted in 2015 on five key issues. We conclude with an assessment on the group’s future prospects and challenges.Policy relevanceUnderstanding AILAC’s origins, evolution, and contributions to the Paris Agreement has important implications for analysing the future possibilities and direction of global climate policy. AILAC represents a unique example of a group of small and medium-sized countries that succeeded in having an impact upon the pivotal 2015 Paris negotiations. Rather than originating from national leaders, the formation of the group was orchestrated organically by country negotiators, as they looked to increase their countries’ visibility and influence at the negotiations. The article discusses the areas of the Paris Agreement where the group had an impact: differentiation between developed and developing country obligations, the legal architecture of the agreement, the format and review of the Intended Nationally Determined Contributions (INDCs), climate finance, and adaptation to climate impacts. Beyond the 21st Conference of the Parties, AILAC faces two crucial tests. First, whether the group’s high ambition rhetoric at the United Nations Framework Convention on Climate Change (UNFCCC) can be matched by national policy advances on climate change and the implementation of the Nationally Determined Contributions. Second, can the group successfully consolidate its positions at the UNFCCC and overcome institutional challenges, while taking on new members? The AILAC case offers a significant example of norms and ideas effectively spreading between countries at the UNFCCC, while contributing to enhanced global and national action on climate change.

Evolution of international climate change policy and processes commenced in 1990 with the United Nations Framework Convention on Climate Change (UNFCCC), which made the first global attempt to provide an intergovernmental platform for addressing the effects of climate change. Since then, major advances in the international dialog occurred from 1995 to 2004 during the Kyoto Protocol. However, the Kyoto Protocol outcome was not considered a major success in terms of reducing global emissions, although it succeeded in advancing global market-based flexible mitigation mechanisms, such as emissions trading, joint implementation, and the clean development mechanism. A turnaround in the global approach occurred with the Paris Agreement in 2015, which represented a major turning point in the climate debate, with a bottom-up approach allowing states to set their own emission targets. In addition, the Paris Agreement was the catalyst for formation of bodies and institutions that promote negotiated climate change themes and has permitted countries to work together to share direct practical approaches for tackling climate change. The success of the Paris Agreement can be seen as more countries commit to nationally determined contribution targets. In addition, the practical implication of the bottom-up approach for institutional investors and corporate engagement is evident from the increase in the number of global climate change litigation cases brought against corporations and financial institutions that breach climate change obligations. Going forward, some of the climate change negotiation issues of concern that have yet to be resolved include the differences in contributions required by developed nations as opposed to developing nations, sometimes referred to as the North–South divide in climate change negotiations, the issue of loss and damage associated with climate change events, such as tropical cyclones and storms, and how to account for non-economic loss and damage caused by climate change events.