The Structure of Climate Refugee and Protection Mechanism Under International Law
이 일
공익법센터 어필 변호사
PEACES Vol. 4 No. 2 pp.29-57 (2025)
Abstract
Climate change causes forced migration across borders. Despite the commonly cited legal difficulties, it is difficult to conclude that climate refugees do not satisfy the requirements of the Refugee Convention. Furthermore, even if the requirement of relevance is difficult to satisfy, granting protection under international human rights conventions presents fewer theoretical obstacles. Moreover, considering refugee law regime and the climate law regime together reveals that the legal structure of the host country's responsibility to protect differs for climate refugees compared to that for conventional refugees. For climate refugees, a tripartite framework emerges involving ‘developed countries (primarily Annex I countries)’, ‘countries of nationality’, and ‘Convention countries’. This dynamic of sharing responsibility for protecting climate refugees, including financial, technical, and capacity-building support from developed countries, may arise during the implementation oversight processes of the UNFCCC and the Paris Agreement. Therefore, the responsibility of host countries and the international community to protect climate refugees is heightened.
Keywords
기후난민난민협약국제인권협약국가책임파리협정
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