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Analysis from legal perspective of the cross border movement of people as migrants and refugees as a result of climate change

Student name: Ms Shruti
Guide: Dr Manish Kumar Shrivastava
Year of completion: 2021

Abstract:

The adverse effects of climate change have manifested in different manners like increase in disasters, sea level rise, desertification, food insecurity, etc. One of such adverse effect of climate change which emerges directly or indirectly out of climate change is the consequence of displacement or migration due to climate change. It is predicted that by 2050 there would be mass displacements across the globe leading to humanitarian crisis. There are two approaches prevalent currently to discuss about the issue of mobility in the context of climate change one is the climate refugee perspective and the other the climate migration perspective. The former focuses on forcefulness and displacement that may arise in future due to climate movement and hence address it via International regimes such as International Refugee Law, International Human Rights Law, International Climate Change Law etc. while the later views movement as voluntary in nature which could be driven by climate change and hence addresses it via focus on soft law instruments like Global Compact on Migration, Nansen Initiative, etc. A comparative analysis of the two approaches highlights the positive and negative sides of approaching legal development from both the perspectives.