Environmental asylum in international law

Abstract

Amidst scientific progress and escalating pollution, largely attributed to human activities that drive climate change and natural disasters, an urgent concern has emerged; namely, the threat to the security and well-being of populations.  Residents in these affected regions are increasingly vulnerable, facing direct threats to their safety and security due to these catastrophic events. Climate change is no longer solely an environmental concern but has become a legal and humanitarian challenge that necessitates an immediate global response to ensure the protection of vulnerable groups. Addressing this requires the development of robust legal frameworks that ensure their right to a safe life and a healthy environment, firmly grounded within the principles of human rights and international law. This is essential to uphold the fundamental human right to life and to live in a healthy and clean environment.

Consequently, environmental asylum has emerged. While international law includes treaties and conventions designed to protect refugees – notably the 1951 Refugee Convention and its 1967 Protocol – these instruments do not extend their provisions to environmental refugees. The existing legal protections are primarily tailored for individuals fleeing armed conflict or political persecution, thereby neglecting those forced to migrate due to environmental shifts and natural disasters. As a result, the current legal framework is inadequate to address the specific circumstances of environmental refugees, highlighting the urgent need for dedicated legal regulation to ensure their humanitarian and legal protection. This imperative highlights the necessity for in-depth research and the formulation of appropriate international legal protection.