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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

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RISING WAVE OF CLIMATE REFUGEES: HISTORY, LAWS, AND GLOBAL STRATEGIES WITH BANGLADESHI PERSPECTIVE – Oindrila Mondal

Abstract

This study looks at the big problem of people leaving their homes because of climate change. It focuses on more and more individuals, both worldwide and in Bangladesh, who are forced to move because of the effects of climate change. It delves into the reasons behind this, including how severe weather and rising sea levels make places like Bangladesh even more susceptible to river erosion and cyclones. The research identifies areas for improvement by examining existing policies and strategies and international collaboration, such as the Paris Agreement. It discusses how crucial it is to have strict guidelines and preparations in place to assist individuals before their forced relocation and provide for them in the event that they must.  It’s similar to preparing ahead of time to avoid being caught off guard during a storm. According to the learning, more must be done to address this significant issue through international cooperation. It is equivalent to stating, “Hey, let’s not wait for things to worsen. Now let’s get this fixed.” Therefore, to address the issues raised by climate change and assist those impacted, the document urges governments, organisations like the United Nations, and ordinary people to band together and take swift action.

Keywords: Climate-refugees, migrating, relocation, policy, displacement.

Chapter I: Introduction

1.1 Introductory Statement

The term “climate refugee” has many definitions, but it’s important to note that there isn’t an official one. Neither the UN nor any international agency working with refugees or on climate change recognises a specific definition. The Global Compact for Migration is the first-ever UN agreement for dealing with international migration in all its aspects. The 2018 global compact on safe, orderly, and regular migration acknowledges “climate refugees,” individuals who relocate due to natural disasters and climate change. The second objective of this compact is to safeguard the rights of those displaced and tackle the fundamental economic, environmental, and social factors prompting people to leave their homes and nations. Nevertheless, the existing document does not contain specific commitments to manage the various human-induced factors contributing to worldwide mass migration.

1.2 Research Question

  • What are the global responses, economic ramifications, and potential opportunities associated with climate refugees?
  • How can countries collaborate to establish equitable rules safeguarding the rights of individuals compelled to relocate due to climate change, particularly in light of existing gaps in both global and national laws?

1.3 Literature Review

To build the basis of this study, existing literature on the increasing phenomenon of Climate Refugees has been examined. Pardeep Singh, Bendangwapang Ao, and Anamika Yadav stated in their book ‘Global Climate Change and Environmental Refugees: Nature, Framework and Legality that throughout history, people have permanently moved from one place to another. The difficulties of moving became more pronounced during the era of modern nation-states with defined borders. According to them, more people are curious about how climate change and migration are linked because of increased humanitarian concerns and diverse studies. They also said Climate change divides the world between north and south, affecting coasts and deserts. Policymakers see the need for ecological diversity, production, migration, and sustainability solutions. Scientists are just starting to study climate change using models for predictions. Due to melting icebergs, it’s a big deal in the mountains, and Africa is facing drought. Policymakers are now working hard to tackle the things causing climate change and global warming.

Giovanni Sciaccaluga stated in his book ‘International Law and the Protection of Climate Refugees that climate change affects human movement at local and global levels. According to IDMC reports, since 2009, one person per second has been displaced due to natural disasters. About 22.5 million people have been displaced by climate or weather-related events since 2008. Giovanni Sciaccaluga also said that the UNFCCC and IPCC are crucial as they recognise that countries are responsible for climate change. State liability occurs when approved activities harm another country; accountability occurs when countries engage in wrongful actions. These organisations play a crucial role in addressing these issues. He added that emissions of greenhouse gases, usually considered legal, can harm developing nations by changing global climate patterns. But sometimes, a tiny part of these emissions can be seen as a crime. This happens when a country doesn’t reduce emissions as it should.

In his book ‘Climate Changed: Refugee Border Stories and the Business of Misery’ Daniel Briggs stated that the environment is changing, affecting our politics and society. The current system is not working, so we need to do more than attend UN meetings and consider weak policies. He said we need to immediately deal with the severe problems caused by neoliberal capitalism, like refugees, displaced people, conflicts, and the arms trade. We shouldn’t wait for sudden realisations to see society’s problems and system failures; capitalism tends to bounce back after crises. Based on interviews with 110 refugees from 2015-2018, the book looks into the refugee experience in Europe. It compares their struggles with the economic and political actions that disrupted their countries to extract limited resources.

 ​1.3 Outline of the Research

This study has a total of five chapters. The first one is Introduction, which has already been discussed above. The second one is an overview of the History and Evolution of the National and International Legal Frameworks, where we will find the concept of the evolution of Climate refugees. This chapter also provides the national and international legal structure for climate refugees. In the third chapter, it will discuss about the cases. Chapter four will discuss the Climate Induced Displacements and Global Strategies from a national p and international perspective. Lastly, the fifth chapter will provide the findings and recommendations for climate refugees.

1.4 Significance of the Research

As climate change worsens, the number of climate refugees will likely increase significantly. The paper provides a critical basis for understanding and reacting to the difficulties ahead by extensively evaluating the legal structures and socioeconomic effects of this issue. This study will provide policymakers and international organizations with practical information. It’s not only analyzes gaps and possibilities in legal frameworks, but it also proposes policy steps to better safeguard the rights and well-being of climate refugees. These suggestions have the potential to influence future policies and activities in this field. In addition, the study increases awareness about the human rights and social justice implications of climate- induced migration. It emphasizes the need of addressing climate refugees’ vulnerability and assuring them fair treatment and assistance.

1.5 Major Obstacles

Climate-induced displacement is complicated because of environmental, social, and economic factors. Getting reliable data is hard because of inconsistent collection and reporting. Studying vulnerable groups raises ethical concerns, and limited access to tools and databases can hinder information. Political sensitivity and the evolving nature of climate change make accurate predictions challenging. Anticipating the future scale and impact of climate-induced migration is tricky due to the dynamic and ongoing nature of climate change.

1.6 Research Methodology

The proposed research uses a qualitative method, relying on library and literature-based information. It involves primary and secondary sources to answer the research question. The primary sources delve into the complex legal frameworks governing climate refugees, focusing on national and international documents, treaties, conventions, and agreements. Scholarly perspectives and evidence come from secondary sources like academic articles, journals, reports, and case studies. This thorough review will also encompass government publications, reports from non-governmental organizations (NGOs), and case studies to uncover the social and economic impacts and evaluate the effectiveness of current policies. Finally, the research follows the OSCOLA method for referring the citation and bibliography.

1.7 Conclusion

This chapter presents the main framework for examining climate refugees. Given the increasing impact of climate change, a thorough analysis of legal frameworks, socioeconomic effects, and future policies is essential. The study uses a mixed- methods approach, addressing the complexity of climate- induced displacement through relevant research questions and insights from the literature review. Despite challenges such as ethical concerns and data reliability, the research aims to contribute significantly to the climate refugee’s discussion.

Chapter II: History and Evolution of National and International Legal Frame work

2.1 Introduction

More people are leaving their homes because of climate change-related disasters, causing problems like not having enough food and water and struggling to access natural resources and UNHCR released a data that showed since 2010, Climate change-related calamities have forced 21.5 million people to leave their homes. Rising sea levels are especially dangerous for coastal areas, which affect over 260 million people. About 90% of people live in tiny islands and less developed poor countries. Bangladesh is at significant danger of losing 17% of its land to sea level rise by 2050, which would force roughly 20 million people to leave their homes. ETR by the ‘Institute for Economics and Peace’ warns of 1.2 billion potential displacements by 2050 due to environmental threats. Former President Mohamed Nasheed warns that the Maldivian people will become the first global climate change refugees due to sea level rise and many surveys have indicated that 80 percent of the Maldives’ islands will be underwater by 2050.

2.2 History of climate refugee

In the late 20th century, climate refugees emerged due to rising sea levels, extre me weather, and environmental damage. Small island nations faced encroaching seas, pushing people to higher ground in the 1980s and 1990s. The 21st century saw an increase in climate-induced displacement, with hurricanes, droughts, and melting ice caps forcing millions to leave their homes. Hurricane Katrina in 2005 exposed vulnerabilities in urban planning, creating thousands of climate refugees.  Rising global temperatures led to more humanitarian crises in vulnerable regions. The Syrian civil war, linked to drought-related food shortages, showcased the complex relationship between climate change and conflict-driven displacement. According to ‘the United Nations Convention of 1951’ it provided a limited definition of refugees, and regional conventions like the OAU and Cartagena Conventions attempted to broaden the definition but lack real- life examples.

2.3 Evolution of International Legal Frame works

The United Nations defines a person as a refugee as someone who has fled their country of origin because they have a legitimate fear of being persecuted for reasons such as race, religion, nationality, membership in a specific social group, political beliefs, or because events or conflicts have severely disrupted their community and people who experience both violence and the effects of climate change simultaneously may apply for refugee status.  UNHRC discussed the consequences of cross-border migration brought on by climate issues in March 2018.  The paper’s summary highlights the insufficiency of existing legal frameworks, particularly in not applying the “non-refoulement principle” to safeguard individuals forced to relocate due to climate-related impacts. Governments were called upon to incorporate protection of human rights into climate change policies, stressing the significance of averting mass displacement and encouraging planned relocations that take human rights into account. In the context of climate refugees, the principle of non-refoulement and the Refugee Convention play crucial roles. Non-refoulement means not forcing people to go back to a place where their lives or freedom could be in danger.  While the Refugee Convention traditionally applies to those fleeing persecution, its principles, particularly non-refoulement, are increasingly recognized for climate refugees. Though climate refugees don’t fit neatly into current definitions, acknowledging non-refoulement in climate-related situations is essential. Developing legal frameworks and policies under the Refugee Convention can help protect climate refugees, ensuring they are not sent back to places where their safety is at risk due to environmental changes.

Since climate refugees are not included by the 1951 Convention Relating to the Status of Refugees, there are no official statistics or acknowledgement of their existence. It is critical to designate climate refugees, compile thorough statistics on internally displaced people, and create an international framework for their protection since climate change makes the problem worse. In order to address the difficulties experienced by these frequently disregarded victims of climate change, advocacy for debates inside the UN Framework Convent ion on Climate Change is imperative.

2.4 National Legal Frame work

There is no precise meaning of the phrase “climate refugee” in international law, and current frameworks such as the 1951 Refugee Convention do not specifically address relocation caused by climate change. Certain nations, including Kiribati and New Zealand, have looked at buying land or implementing certain visa categories in order to deal with the issues brought on by climate migration. Bangladesh has devised tactics to address displacement brought on by climate change, with a particular emphasis on individuals impacted by erosion of riverbanks. In addition, several national policies related to migration, disaster response, and humanitarian aid regularly include specific measures aimed at lessening the consequences of climate change. International debates in organizations such as the UNFCCC continue to highlight the difficulties in developing a complete legal framework for climate refugees.

2.5 Conclusion

Climate change disasters are driving a rising refugee crisis, demanding urgent global attention. UNHCR says 21.5 million people have been forced to move since 2010, showing how serious the problem is and coastal areas. Bangladesh is a prime example of the severity of sea level rise, with an estimated 17% of its land lost by 2050, potentially forcing 20 million people to relocate. The 1951 UN Convention and regional agreements don’t do enough to protect people who have to move because of climate problems. During discussions at the ‘United nation Human Rights Council’ in March 2018, the focus was on the shortcomings of the existing legal framework in providing protection for people compelled to relocate due to climate changes. Governments are being urged to include human rights in climate policy, indicating the need for a major transformation in how we handle the displacement brought on by climate change.

Chapter III: Climate Induced Displacements and Global Strategies

 ​3.1 Introduction

When the environment gets worse because of climate change, it makes people suffer, and the rules about where they can be and what they can do become more confusing and difficult. People who are forced to flee their homes due to changing weather are battling for justice in court. This chapter will discuss the difficult obstacles faced by those forced to relocate due to environmental changes. It examines certain legal matters regarding climate refugees in order to better comprehend these problems.

3.2 Human Rights and Climate-Induced Displacement

The connection between human rights and moving because of climate change is a big concern. It shows how environmental changes affect our basic freedoms. Protecting human rights becomes crucial when people have to move because of rising sea levels, extreme weather, and ecological shifts. People displaced by climate change often face threats to their rights, including the right to proper housing, a suitable place to live, and the preservation of their cultural identity. Current international laws, like refugee laws, don’t specifically recognize climate refugees. The conversation on human rights and climate-related displacement is still essential to creating just and rights-based solutions as countries struggle with these complicated problems.

3.3 Cases Regarding Climate Refugees

For the case references I’ll start by going over the Ioane Teitiota asylum case in New Zealand (2013), emphasizing the arguments and rulings made by the courts and it will help us understand the ever-changing legal system. Then I’ll talk about The Urgenda vs. Netherlands (2015) case which highlighting the legal tie between climate policies and citizens’ rights, but not dealing directly with climate refugees. Next I’ll talk about Examining Australia’s unique stance provides valuable perspectives for understanding global responses to the complex challenges of climate- induced displacement. Next I’ll explore how Alaskan indigenous groups are dealing with the dual challenges of seeking legal recognition and assistance for relocation amidst the immediate threats posed by climate change.

3.3.1 Ioane Teitiota v. Chief Executive of the Ministry of Business, Innovation and Employment [2015] NZSC 107

In the famous case of Ioane Teitiota v. New Zealand (2013), A Kiribati citizen named Teitiota, sought refuge in New Zealand, claiming that his and his family’s lives were in danger due to the impacts of climate change in his home country. Teitiota said that it was hazardous for him to return because of Kiribati’s changing environment and increasing sea levels. Since it was one of the first cases where someone claimed asylum purely because of concerns about climate change, the case attracted attention from all across the world. In order to qualify for refugee status under the United Nations Convention Relating to the Status of Refugees, Teitiota’s legal team said that Kiribati’s environmental deterioration amounted to a form of persecution.  New Zealand courts denied Teitiota’s request for refugee status in 2013. The decision made clear that although climate change and its effects were important, they did not meet the criteria for persecution as defined by refugee law. The decision showed how hard it is to change the usual refugee rules to deal with the complex problems of people moving because of climate change.

3.3.2 Urgenda Foundation v. The State of the Netherlands (Ministry of Infrastructure and the Environment) [2015] HAZA C/09/00456689

The Urgenda Foundation vs. The State of the Netherlands (2015) lawsuit concerned the obligation of the Dutch government to undertake stronger efforts to address climate change, rather than being directly tied to climate refugees.  According to Dutch environmental group Urgenda, the government’s climate policies are inadequate and violate residents’ rights to a safe and healthy environment so, the group launched a lawsuit to support its claims. The court, in a historic decision, sided with Urgenda, instructing the Dutch government to enhance its actions in reducing greenhouse gas emissions. This case highlighted the legal recognition of the connection between government actions on climate change and the protection of fundamental rights, although it did not specifically address the concept of climate refugees. “Climate refugees” are people forced to move because of climate change. The Urgenda case aimed to fight climate change for the environment and the health of current and future generations. The Urgenda case highlighted that governments must take strong action to reduce climate change effects and protect citizens’ rights, even if it didn’t specifically talk about refugee status.

3.3.3 ​Climate Refugee in Australia

Climate change is making some Australian indigenous communities, especially those near the coast, think about moving. Erosion, extreme weather, and rising sea levels are putting their traditional lands and ways of life at risk. Asylum seekers in Australia are raising claims and legal actions, arguing that their protection requests should consider the impact of climate change, particularly in Pacific Island nations. These cases show the growing connection between Australia’s refugee laws and climate change. Asylum seekers argue that conditions in their home countries, worsened by climate change, amount to persecution and should be grounds for protection. In these cases, the legal challenge is to prove a direct connection between the effects of climate change and the threats or persecution faced by asylum seekers.  Australia has responded to these claims in diverse ways, often relying on specific facts, court arguments, and interpretations of existing refugee laws to make judgments. This emphasizes the struggle to adjust standard refugee frameworks to address the specific challenges posed by migration due to climate change.

3.3.4 Alaskan Villages – Relocation Cases

Communities in Alaska, like Newtok, are directly feeling the effects of climate change, such as melting ice and the land near the water eroding away.  The challenges faced by Alaskan settlements show the pressing need to adapt to a rapidly changing environment. It emphasizes the importance of legal systems that consider the specifics of displacement due to climate change. Indigenous communities are striving to safeguard their cultural heritage and seek support, recognition, and sustainable relocation options.

3.4 Conclusion

Climate refugees’ journeys show the impact of environmental crises and legal challenges, highlighting the human cost of climate change. After doing a significant amount of research, I found that there weren’t numerous lawsuits that directly dealt with Bangladesh’s climate refugee problem. The lack of lawsuits on this topic suggests that the people of Bangladesh might not be completely aware of their rights as climate refugees. This emphasizes how important it is that Bangladeshi citizens receive more education and understanding about their rights in the context of displacement brought on by climate change. The absence of legal actions could be a result of a lack of understanding rather than a lack of significance or urgency, highlighting the necessity of improved education programs to enable people to stand up for their rights when faced with climate concerns.

Chapter IV: Global Reaction & Opportunities

4.1 Introduction

The chapter “Global Reaction & Opportunities” looks at how people are relocating due to climate change amidst ongoing climate challenges. As environmental disruptions worsen, the issue of climate refugees becomes more widespread, crossing national borders and requiring comprehensive solutions. This chapter explores how rules, the effects on society and economic impacts, and ideas for future plans are all connected in response to more people ha ving to move because of climate change.

4.2 International Legal Landscape

The global rules for climate refugees are adapting to fit the new challenges caused by climate change, trying to blend traditional refugee definitions with these unique situations. The main rule for helping people who need a safe place is the 1951 Refugee Convention and it supports those genuinely afraid of being mistreated. But when it comes to climate refugees, this law has limits because it mostly talks about mistreatment and doesn’t include all the problems from environmental changes. The fact that there aren’t clear rules for people who have to move because of climate issues is a big problem, and there’s a need to rethink and change the rules. Because the current rules aren’t enough, there’s been a change in how we define who counts as a refugee. Different international projects, like the Nansen Initiative and the Platform on Disaster Displacement, now consider climate-related factors in understanding why people have to move. The difficulty lies in coordinating different efforts to create a clear and universally accepted definition that encompasses all the complex reasons people are forced to move because of climate change. Even though there has been some progress but there are still big problems in the current rules. One major issue is that there isn’t a clear definition for climate refugees, making it hard to set clear rules about who qualifies.  Another big problem is proving that climate change directly caused someone to have to move so; this is a key gap that needs attention. Also, the current rules don’t give enough protection, showing the need for a more detailed and careful approach to the issue. Recognizing that climate effects vary by region is important for making good rules. Different places have different problems, and agreements within regions, like the African Union Convention for helping people who move inside Africa (Kampala Convention), provide solutions that fit the local situation.  Even though regional plans help with urgent issues, it’s crucial to have an overall international plan to make sure the rules are the same for everyone and cover everyone’s needs. Proposals to improve legal protection for climate refugees include creating new rules, adding climate criteria to existing refugee definitions, and establishing a specialized international court. Each proposal has challenges that need careful consideration and global agreement.

The UNHCR published legal considerations in October 2020 for claims for international protection following climate change and disasters, acknowledging that some individuals may claim refugee status due to safety risks or public order disturbances.

4.3 Bangladesh’s Responses and Policy Variations of Climate Refugee

Bangladesh is particularly affected by climate refugees because of the nation’s vulnerability to extreme weather events and increasing sea levels and many individuals might have to leave their houses as a result of this. Bangladesh is already overcrowded, thus it might lead to issues like shortages of resources and increased poverty if a large number of people are forced to relocate. So, the government need to actively integrate climate- induced displacement into policy discussions, showing awareness of the unique vulnerabilities and rights of those forced to migrate due to environmental changes. The laws and regulations in place may not be sufficient to deal with this circumstance. Bangladesh must develop innovative tactics to cope with climate refugees, safeguard citizens, and cooperate with other nations to address these issues.

Although there isn’t a specific law just for climate refugees, Bangladesh includes climate concerns in its overall national plans. By committing to international agreements like the Paris Agreement, Bangladesh shows its dedication to dealing with climate- induced displacement on a global scale. Bangladesh understands the human side of displacement from climate change and has taken steps to help. This includes programs to make vulnerable communities stronger, offering support like shelter and healthcare for those who had to move, and working with global organizations to tackle the social and economic effects of climate change.  Bangladesh, with its crowded population and limited land, deals with moving people internally due to climate impacts. The government follows policies to blend displaced communities with existing ones, aiming to reduce tensions and secure sustainable livelihoods.  Bangladesh works with neighboring countries, especially in South Asia, to tackle climate-induced displacement. Bangladesh has challenges in dealing with climate-induced displacement due to limited money, infrastructure issues, and the enormity of the problem.

4.4 Economic Implications and Opportunities

As communities move, there are widespread impacts on jobs, infrastructure, and local economies. Within the challenges when displaced people move to new areas, local governments face pressure on housing, healthcare, education, and jobs, leading to competition for resources and potential conflicts. On the positive side, hosting climate refugees can offer economic opportunities, with skilled individuals contributing to the labor market and entrepreneurs starting new businesses, promoting diversity and economic growth. Integrating climate refugees boosts workforce resilience through diverse skills, enhancing productivity and innovation, this inclusivity provides a global competitive advantage. Economically, investing in green projects like renewable energy and sustainable agriculture addresses immediate needs, creating jobs and ensuring long-term climate resilience.  Global collaboration is crucial. Addressing climate change requires joint efforts, including financial support, technology transfer, and capacity- building initiatives for vulnerable nations.

4.5 Future Policy Actions

Nations must act quickly to solve issues related to migration brought on by climate change. Because there are already loopholes in international legislation, a global framework recognizing climate refugees is essential to improving responses. Nationally, clear and inclusive legal frameworks are essential to protect the rights of climate refugees. In order to coordinate policies, international collaboration is required. Economically speaking, policy ought to foster new industries, employ the talents of displaced populations, and integrate them. Resilient infrastructure investments can mitigate negative economic effects. Policies should be guided by humanitarian considerations, with a focus on shared global responsibility. Programs that are creative and encourage climate-resilient behaviors might lessen relocation. To develop compassionate and strong policies for the growing number of climate refugees, a cooperative and all-encompassing strategy is necessary.

4.6 Conclusion

The chapter on “Global Reaction & Opportunities of Climate Refugee” highlights migration due to climate change, stressing the need for a globally accepted legal framework. It emphasizes the importance of tailored domestic policies for Bangladesh and balancing economic implications with sustainable development. Future Policy Actions suggest prioritizing the rights of climate refugees, sharing responsibilities equitably, and proposing an international legal instrument, unified state frameworks, and innovative economic initiatives.

Chapter V: Findings and Recommendations

5.1 Introduction

“Rising Wave of Climate Refugees: History, Laws, and Global Strategies with Bangladeshi Perspective” emphasizes the need for a global response to address the challenges of climate- induced migration. According to the above discussion international laws, national responses, and economic impacts, it’s clear that there’s a need for unified future policy actions. This paper is offering a comprehensive view of the legal, socioeconomic, and policy aspects of climate migration. It calls for action, providing a plan for robust and fair policies that respect the rights of climate refugees, tackle economic challenges, and promote global collaboration in the midst of a worsening global crisis.

5.2 Findings

The research identifies a pressing need for a globally recognized legal framework dedicated to climate refugees, emphasizing the ambiguity in international definitions and the lack of specialized legal instruments. National responses vary in preparedness, underscoring the importance of harmonized domestic policies. Socioeconomic consequences highlight the dual challenges and opportunities inherent in climate- induced migration. In the future, the suggested policy actions promote proactive and inclusive measures, focusing on legal clarity, fair burden- sharing, economic resilience, and humanitarian considerations. The findings stress the complexity of the issue, urging a comprehensive, collaborative, and forward-thinking global response to address the rising wave of climate refugees.

5.3 Gaps in International Law and National Law

Gaps in both international and national legal frameworks regarding climate- induced migration are glaring, revealing significant challenges in addressing the rising wave of climate refugees. Globally, there’s a problem because there’s no agreed- upon definition for climate refugees. This creates uncertainty in applying legal rights and protections. The lack of a specific global law for climate- induced migration makes the situation even more complicated. At the national level, substantial gaps persist in domestic legal frameworks across various countries. While some nations have taken proactive measures to recognize and address the needs of climate refugees, others lack specific policies, relying on general immigration structures that may not adequately protect or address the unique vulnerabilities of this population. The variance in national responses underscores the absence of a cohesive and standardized approach to climate migration. Additionally, existing asylum and immigration laws in many countries may not encompass the broad spectrum of circumstances associated with climate- induced displacement, leaving individuals without clear legal status or protection.  The gaps in national legislation contribute to an uneven playing field, where the legal rights and security of climate refugees depend heavily on the geographic location and political context of the host country.

In summary, the gaps in global and national legal systems create obstac les to recognizing and helping climate refugees. Closing these gaps requires joint efforts at both levels, including clear definitions, comprehensive laws, and standardized policies to address the unique challenges of climate- induced migration.

5.4 Recommendations

 Recommendations for addressing the challenges of climate- induced migration at the global  level:

  • Define ‘Climate Refugee’ in International Convention: We have to work together to create a globally accepted set of laws that specifically deal with migration caused by climate change. So, we need to define ‘climate refugee’ in international And the definition has to be clear.
  • Enhance Coordination and Cooperation: We have to improve global cooperation to handle migration caused by climate change across borders. Encourage collaboration among countries, international organizations, and non-governmental groups to exchange best practices, resources, and expertise.
  • Promote Research and Data Sharing: We have to support research initiatives and facilitate the exchange of data on climate- induced migration. Encourage using standardized methods for collecting data to better understand how people move and the challenges they face.
  • Create a Global Responsibility-Sharing Mechanism: We have to create a fair system for sharing responsibilities among countries to deal with the effects of migration caused by climate change. This includes fairly distributing tasks like giving humanitarian aid, offering resettlement options, and providing long-term support for affected
  • Incorporate Climate Migration into Climate Agreements: We have to include rules about migration caused by climate change in global climate agreements and recognize the link between climate change, displacement, and human Ensure that migration due to climate issues is a key focus in global climate policies.
  • Prioritize Adaptation and Resilience: There need to provide funding and back projects that prioritize adapting to climate change and building resilience in vulnerable areas. Investing in sustainable development and infrastructure can lessen the effects of climate change, reducing the need for widespread population displacement.
  • Support Capacity Building: there need to help developing nations improve their ability to deal with migration caused by climate change. This involves offering technical support, training programs, and financial aid to strengthen their national frameworks, institutions, and response mechanisms.
  • Encourage Innovative Financing Models: We need to look into creative ways to finance efforts for adapting to and responding to migration caused by climate change. This might include creating a global fund specifically designed to support communities and countries affected by climate- induced migration.
  • Facilitate Comprehensive Policy Integration: We need to ask countries to include plans for dealing with migration due to climate change in their overall policies. 130 This should be part of their national development, strategies for reducing disaster risks, and ways of responding to emergencies.
  • Raise Public Awareness: We need to encourage worldwide campaigns to inform people about the difficulties and human rights aspects of migration caused by climate change. Engaging the public is essential for building empathy, understanding, and backing comprehensive policy solutions.

5.5 Conclusion

In conclusion, the exploration of “Rising Wave of Climate Refugees: History, Laws, and Global Strategies with Bangladeshi Perspective” has shown the complex challenges and opportunities of climate- induced migration. Gaps in international legal frameworks emphasize the need for dedicated laws to protect climate refugees’ rights. Different national responses underscore the importance of coordinated domestic policies. The study of economic impacts highlights the delicate balance between challenges and opportunities in climate migration. So, the recommendations aim to guide proactive and inclusive measures. They call for a united global legal framework, fair burden-sharing and creative economic initiatives, emphasizing the need for collaborative efforts. The paper suggests a comprehensive strategy recognizing the connections between legal, economic, and policy aspects in the face of worsening climate change.

Bibliography

Legislation:

  • The Refugee Convention, 1951
  • The United Nations Framework Convention on Climate Change (UNFCCC)
  • The Paris Agreement (2015)
  • Intergovernmental Panel on Climate Change (IPCC) Reports
  • International Organization for Migration (IOM)
  • The Ecological Threat Report (ETR)
  • Cartagena Conventions, 1983
  • The Organization of African Unity (OAU)

Books:

  • Pardeep Singh, Bendangwapang Ao, and Anamika Yadav, Global Climate Change and Environmental Refugees: Nature, Framework and Legality (1st edn, New Delhi, India, 2023)
  • Giovanni Sciaccaluga, International Law and the Protection of “Climate Refugees” (1st edn, Italy, 2020)
  • Daniel Briggs, Climate changed; refugee border stories and the business of misery (1st edition, United States: New York, 2021)

Websites:

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