Wet feet marching: Applying the human rights-based approach to the legal protection gap for climate change displacement

Abstract

This thesis discusses the international legal protection gap faced by people displaced by climate change. As a growing phenomenon that has potential to lead to grave human rights violations if left unaddressed, the thesis analyses what solutions may be provided to fill this gap. It begins by analysing existing international law such as refugee, human rights and environmental law and its ability to respond to climate change displacement. It also discusses the merits of different types of new laws that could be created to address climate change displacement. The thesis then offers an overview of soft law dealing with climate change displacement and what advantages these pose in providing solutions to the issue. Finally the regional approach adopted in the Pacific is analysed as a possible alternative or complementary governance to the international level. The analysis offered in this thesis is grounded in a human rights-based approach whereby climate change displacees are viewed as the rights-holders in light of the crucial climate justice issue that is climate change displacement.