Cognizing climate refugees and proposing measures for their relief

Authors

  • Rajnish Wadehra Institute of Social Sciences
  • Sasank Aramsetty Jindal School of International Affairs
  • Armin Rosencranz Jindal School of Environment and Sustainabiliy

DOI:

https://doi.org/10.54945/jjpp.v7i1.216

Abstract

There are several instances around the world where people have been forced to migrate due to numerous issues, inclusive of the political circumstances, terrorism, famines. One of the key issue which happens to be missing out from this bracket is the migration induced by the climate. If all the aforementioned earlier can cause force migrations, then it is possible that climate change can also induce forced migration. This paper will discuss the problems faced by the climate refugees in the current world, as this paper will showcase the manner in which the climate refugees have often been neglected from the focal point. It is observed that the Global North had often neglected to take the climate refugees as a part of their refugee system and its laws, this had left a massive void for these refugees, who had come seeking refuge under extraneous circumstances, which they had been facing and led to their migration from their homes domestically/internationally. Climate Refugees and their problems have often been deemed to be under an ambiguous conception, due to misunderstandings by several researchers. Therefore, the paper will shed light on the ambiguous concepts elaborate on the International Treaties and their take on the climate refugees. The paper highlights the vital need for recognition of people displaced by environmental crises and the inhumanity of ignoring them in the conventional refugee systems.

Downloads

Download data is not yet available.

Author Biographies

Rajnish Wadehra, Institute of Social Sciences

Rajnish Wadehra is a Senior Fellow at Institute of Social Sciences and has been teaching elective courses on energy and environment law and policy on an honorary basis as a Visiting Faculty at Jindal Global Law School. He is a career executive and entrepreneur who came to academia mid-career. He has a Master's in Public Policy (JSGP, JGU), BA Economics (Hons.) from St Stephens College, University of Delhi, and a Certificate in General Management ( IIM Calcutta). His areas of research include Global climate litigation ; Comparative energy and environment laws and policies around the world; India's dependence on coal and its impact on the environment and sustainability ; and India's ongoing transition away from centrally planned public sector led growth to a semi- regulated market economy. His enquiry focuses on aspects of justice, morals and ethics in business, law- and policy-making driving this transition.

Sasank Aramsetty, Jindal School of International Affairs

Sasank Arremsetty is a student at Jindal School of International Affairs (JSIA) pursuing his Bachelor of Arts (Hons) in Global Affairs. He aspires to study law with interests in Environmental law and linking the concepts of International Relations to law and environment justice. He seeks, thereby, to study the intricacies and the much needed legal basis for the majority of the international happenings, that involve Global Politics, International Security Studies and Foreign Policies of various countries along with Global Environmental Policies.

Armin Rosencranz, Jindal School of Environment and Sustainabiliy

Armin Rosencranz retired as the founding Dean of Jindal Global School of Environment and Sustainability at O.P. Jindal Global University in 2022. In 1987, he founded the international environmental NGO, Pacific Environment, which he led until 1996. As a political scientist and jurist he received five Fulbright grants – two to India, and one each to Australia, Indonesia and the Philippines. Prof Rosencranz studied for his Bachelors degree at Princeton University and has had a long-standing association with Stanford University, where he studied for his Juris Doctor, Masters and Phd, and also served as the President of the Student Body, a Faculty Resident, and a Trustee. Apart from having written hundreds of articles and opinion pieces, he is well known as a co-author of the books 'Climate Change Science and Policy (Island Press, 2010) ; Climate Change Policy (Island Press, 2002) ; and 'Environment Law and Policy in India' (Oxford University Press, India)

Published

2023-04-01

How to Cite

Wadehra, R., Aramsetty, S., & Rosencranz, A. (2023). Cognizing climate refugees and proposing measures for their relief. Jindal Journal of Public Policy, 7(1), 85–132. https://doi.org/10.54945/jjpp.v7i1.216

References

Aleksandrova, M., Schraven, B., Serraglio, D. (2020). The implications of the UN's ruling on “climate refugees.” German Institute of Development and Sustainability (IDOS). https://www.idosresearch.de/en/the-current-column/article/the-implications-ofthe-uns-ruling-on-climate-refugees-1/

BBC. (2011). Germany: Nuclear power plants to close by 2022. BBC News. Accessed from https://www.bbc.com/news/worldeurope-13592208

Bir. (2021, June 20). Climate refugees “seeking asylum” in international law. Anadolu Agency. Accessed from https://www.aa.com.tr/en/environment/climate-refugeesseeking-asylum-in-international-law/2279788

Blinken, A.J. (2021). The United States Officially Rejoins the Paris Agreement. U.S Department of State, Press Release. Accessed from https://www.state.gov/the-united-states-officially-rejoinsthe-paris-agreement/

Bracholdt, C. (2013). China's about to surpass Germany's solar market thanks to some help from…Germany? Quartz. Accessed from https://qz.com/41166/how-germanys-energytransformation-has-turned-into-a-crisis

Burschel, F. et al. (2019).Atlas of Migration. Rosa Luxembourg Stiftung.Accessed Jan 06, 2023 https://www.rosalux.de/en/publication/id/40425/the-atlas ofmigration/#:~:text=The%20Atlas%20of%20Migration%20seeks%20to%20change%20perspectives,objective%20debate%20within%20leftwing%20European%20parties%20and%20movement

Common European Asylum System in Migration and Home Affairs. European Union. Accessed from https://homeaffairs.ec.europa.eu/policies/migration-and-asylum/commoneuropean-asylum-system_en

Council, H. B. (n.d.). Climate Change Background. Hastings Online. Accessed Jan 06, 2023, from https://www.hastings.gov.uk/mycouncil/climate-change/background/ 126 Jindal Journal of Public Policy, Vol. 7, Issue 1

Genesis 6:13-9:29.The Church of Jesus Christ of Latter Day Saints. Accessed Jan 06, 2023 https://www.churchofjesuschrist.org/study/manual/oldtestament-seminary-teacher-manual/introduction-to-the-bookof-genesis/lesson-17-genesis-6-13-9-29?lang=eng

Guterres, A. (2022, May 13). The Problem. Climate Refugees. Accessed Jan 06, 2023, from https://www.climaterefugees.org/why

History of the Convention. United Nations Climate Change. Accessed from https://unfccc.int/process/theconvention/history-of-the-convention#Essential-background 12

Impact of Tsunamis on Ecosystems. UN Atlas of the Oceans. Accessed from http://www.oceansatlas.org/id/71687

Ioane Teitiota v. New Zealand (advance unedited version), CCPR/C/127/D/2728/2016, UN Human Rights Committee (HRC), (2020, January 7). Accessed from https://www.refworld.org/cases,HRC,5e26f7134.html

Issberner, L-J. and Lena, P. (2018). Anthropocene: the vital challenges of a scientific debate. The UNESCO Courier. Accessed Jan 06, 2023 from https://en.unesco.org/courier/2018- 2/anthropocene-vital-challenges-scientific-debate

Kyoto Protocol- Targets for the first commitment period. The United Nations Climate Change. Accessed from https://unfccc.int/process-and-meetings/the-kyotoprotocol/what-is-the-kyoto-protocol/kyoto-protocol-targets-forthe-first-commitment-period

Lark, R. (2022). Is the United States in the Paris Climate Agreement? Environment. Accessed from https://environment.co/is-the-united-states-in-the-parisclimate-agreement/

Macgregor, S. (2009). A Stranger Silence Still: The Need for Feminist Social Research on Climate Change. The Sociological Review 57(2): 124-140. Accessed from https://journals.sagepub.com/toc/sora/57/2_suppl Cognizing Climate Refugees and Proposing Measures For Their Relief 127 DOI: https://doi.org/10.1111/j.1467-954X.2010.01889.x

Manch, T. (2018). Humanitarian visa proposed for climate change refugees dead in the water. Stuff Co. New Zealand: Environment. Accessed from ://www.stuff.co.nz/environment/106660148/humanitarianvisa-proposed-for-climate-change-refugees-dead-in-the-water ,

McGlade, C., Schulz. R., and de Oliveira Bredariol, T. (202, September). Oil and Natural Gas Supply. International Energy Agency. Accessed from https://www.iea.org/reports/oil-andnatural-gas-supply

Millennium Development Goals and Beyond. Accessed from https://www.un.org/millenniumgoals/bkgd.shtml

Missirian, A. and Schlenker, W. (2017). Asylum applications respond to temperature fluctuations. Science 358 (6370). Accessed on 01 April 2023 from https://www.science.org/doi/10.1126/science.aao0432 DOI: https://doi.org/10.1126/science.aao0432

Myers, N. (1979). The Sinking Ark. A New Look at the Problem of Disappearing Species. Pergamon Press.

Myers, N. (1993). Ultimate Security: The Environmental Basis of Political Stability WW Norton & Company, Inc.

Myers, N., Mittermeier, R., Mittermeier, C. et al. (2000). Biodiversity hotspots for conservation priorities. Nature 403, 853–858. https://doi.org/10.1038/35002501 DOI: https://doi.org/10.1038/35002501

Navarre, B. (2022). Inside Poland's Drastic Immigration Reversal. US News. Accessed from https://www.usnews.com/news/bestcountries/articles/2022-03-08/the-russia-ukraine-conflicthighlights-polands-complicated-history-with-refugees

Nelson V., Meadows K., Cannon T., Morton J., and Martin A. (2002). Uncertain predictions, invisible impacts, and the need to mainstream gender in climate change adaptations. Gender and Development 10 (2): 51–59. DOI: https://doi.org/10.1080/13552070215911

OCHA. (2022, October). Extreme Heat: Preparing for the Heatwaves of the Future.IFRC, OCHA, Climate Centre. Accessed 06 Jan 2023 from https://www.ifrc.org/sites/default/files/2022- 10/Extreme-Heat-Report-IFRC-OCHA-2022.pdf 128 Jindal Journal of Public Policy, Vol. 7, Issue 1

OCHA. (2023). Philippines: 2022 Significant Events Snapshot (Infographic). OCHA Services, Reliefweb. Accessed from https://reliefweb.int/report/philippines/philippines-2022- significant-events-snapshot-11-january-2023

Owen-Burge, C. (2021, August 17). Climate refugees – the world's forgotten victims. Climate Champions. Retrieved Jan 06, 2023, from https://climatechampions.unfccc.int/climaterefugees-the-worlds-forgotten-victims/

Piguet, E. (2008, January). New Issues in Refugee Research - Climate Change and Forced Migration. UNHCR. Retrieved Jan 06, 2023, from https://www.unhcr.org/uk/47a316182.pdf

Ravenstein, E. G. (1885). The Laws of Migration. United Kingdom: Royal Statistical Society. DOI: https://doi.org/10.2307/2979181

. Raza, M.R. and Shekhar, R. (2020). Climate Crisis, Migration and Refugees: Bridging the Legal Protection Gap for a Sustainable Future. Refugee Law Initiative Blog. Accessed Jan 06, 2023 from https://rli.blogs.sas.ac.uk/2020/07/29/climate-crisis-migrationand-refugees-bridging-the-legal-protection-gap-for-asustainable-future/

Reuters. (2022, August 17). India backtracks on support for Rohingya refugees, will deport them. Dhaka Tribune. Accessed from https://www.dhakatribune.com/southasia/2022/08/17/india-to-offer-shelter-to-rohingyas-in-delhi

Sadat, N. (2012). Small Islands, Rising Seas. UN Chronicle. Accessed on 06 Jan 2023 from https://www.un.org/en/chronicle/article/small-islands-risingseas DOI: https://doi.org/10.18356/9a777bb2-en

Scissa, C. (2021, June 24). Recognition and Protection of Environmental Migrants in International Law. E-International Relations. Retrieved Jan 06, 2023, from https://www.eir.info/2021/06/24/recognition-and-protection-ofenvironmental-migrants-in-international-law/

Shellenberger, M. (2021). China Helped Make Solar Power Cheap Through Subsidies, Coal and Allegedly Forced Labour. Forbes. Accessed from Cognizing Climate Refugees and Proposing Measures For Their Relief 129 https://www.forbes.com/sites/michaelshellenberger/2021/05/19 /china-made-solar-cheap-through-coal-subsidies--forced-labornot-efficiency/?sh=21eec09e71ec

Sinclair-Blakemore, A. (2020). Teitiota v New Zealand: A Step Forward in the Protection of Climate Refugees under International Human Rights Law? Oxford Human Rights Hub.Accessed from https://ohrh.law.ox.ac.uk/teitiota-v-newzealand-a-step-forward-in-the-protection-of-climate-refugeesunder-international-human-rights-law/

Taylor, L. (2017, November 17). New Zealand considers visa for climate 'refugees' from Pacific islands. Thomson Reuters Foundation. Accessed from https://www.reuters.com/article/us-newzealandclimatechange-visa-idUSKBN1DH1JB

The Clean Development Mechanism in The Kyoto Protocol. United Nations Climate Change. Accessed from https://unfccc.int/process-and-meetings/the-kyotoprotocol/mechanisms-under-the-kyoto-protocol/the-cleandevelopment-mechanism

The Doha Amendment in The Kyoto Protocol. United Nations Climate Change. Accessed from https://unfccc.int/process/thekyoto-protocol/the-doha-amendment

The Editors of Encyclopedia Britannica. (2023, March). Indian Ocean tsunami of 2004. Encyclopedia Britannica. Accessed from http://www.oceansatlas.org/id/71687

The Executive Committee of the Warsaw International Mechanism for Loss and Damage. United Nations Climate Change. Accessed from https://unfccc.int/wim-excom

UN Climate Press Release. (2022, October). COP27 Reaches Breakthrough Agreement on New “Loss and Damage ” Fund for Vulnerable Countries. United Nations Climate Change.

UNEP. (1972).Stockholm Declaration. UNEP. Accessed from https://wedocs.unep.org/bitstream/handle/20.500.11822/29567/ ELGP1StockD.pdf 130 Jindal Journal of Public Policy, Vol. 7, Issue 1

UNFCCC, Secretariat. (2013). Report of the Conference of the Parties on its eighteenth session, held in Doha from 26 November to 8 December 2012. Addendum. Part two: Action taken by the Conference of the Parties at its eighteenth session. COP18. Accessed from https://unfccc.int/documents/7643#beg

UNHCR. 1951 Refugee Convention. UNHCR: India. Accessed from unhcr.org/1951-refugee-convention.html

United Nations Sustainable Development. (1992). Agenda 21. United Nations Conference on Environment and Development, Rio de Janeiro. Accessed from https://sustainabledevelopment.un.org/content/documents/Age nda21.pdf

Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts (WIM). Accessed from https://unfccc.int/topics/adaptation-andresilience/workstreams/loss-and-damage/warsaw-internationalmechanism#__Enhancing-knowledge-and-understanding-ofcomprehensive-risk-management-approaches-to-address-lossand-damage-associated-with-the-adverse-effects-of-climatechange-including-slow-onset-impacts-by-facilitating-andpromoting

World Bank Report 'Groundswell: Preparing for Internal Climate Migration' https://openknowledge.worldbank.org/entities/publication/2be9 1c76-d023-5809-9c94-d41b71c25635

n.d. Dwarka, 12,000 Year Old City of Lord Krishna in Gujarat. Gujarat Expert. Accessed from https://www.gujaratexpert.com/dwarka-history/

(2020, April 02). By refusing refugees, Poles, Hungarians and Czechs 'broke EU law'. Al Jazeera. Accessed from https://www.aljazeera.com/news/2020/4/2/by-refusingrefugees-poles-hungarians-and-czechs-broke-eu-law

(2020, October 08). Doha Amendment to Enter into Force. SDG Knowledge Hub. Accessed from https://sdg.iisd.org/news/dohaamendment-enters-into-force/ Cognizing Climate Refugees and Proposing Measures For Their Relief 131

(2021, September 17). Who is a climate refugee? The Third Pole. Accessed Jan 06, 2023, from https://www.thethirdpole.net/en/hub/climate-refugees/

(2022, March 10). What is the Temporary Protection Directive of 2001, and why has the EU invoked it for refugees of the Ukraine war? Indian Express. Accessed from https://indianexpress.com/article/explained/everydayexplainers/temporary-protection-directive-why-has-euinvoked-refugees-of-ukraine-war-7807000/

(2022, October). These are some of the unexpected impacts of heatwaves. World Economic Forum. Accessed from https://www.weforum.org/agenda/2022/10/heatwavesunexpected-impact-diverse-communities/

(2022, 18 November) Agenda item 7, Warsaw International Mechanism for Loss and Damage associated with Climate Change Impacts. UNFCCC Conference of the Parties Twenty-seventh session, Sharm el-Sheikh. Accessed on 01 April 2023 from https://cop23.unfccc.int/sites/default/files/resource/cp2022_L0 5E.pdf

(2022).Coal 2022: Executive Summary. International Energy Agency. Accessed from https://www.iea.org/reports/coal2022/executive-summary

(2022). Climate Change 2022: Mitigation of Climate Change. IPCC. Accessed from https://www.ipcc.ch/report/ar6/wg3/