Addressing climate-induced migration: Challenges and opportunities in EU’s legal and policy framework

¹ 2nd Year Student, BA LL.B. (Hons.) 2022-2027, Symbiosis International (Deemed University), Maharashtra 411014, India
² 2nd Year Student, BBA LL.B. (Hons.) 2022-2027, Symbiosis International (Deemed University), Maharashtra 411014, India
³ 3rd Year Student, BBA LL.B. (Hons.) 2021-2026, Symbiosis International (Deemed University), Maharashtra 411014, India
⁴ Professor, Symbiosis International (Deemed University), Maharashtra 411014, India

^* Corresponding author: karampudiavani@gmail.com

Abstract

Climate change has emerged as one of the most pressing, unresolved concerns in the 21st century, which as of the moment still lacks a definite resolution. Whilst the ecological threats do exist well within the public consciousness, a new foe has been born as the result of the same: the issue of climate-induced migration. The adverse effects of climate change, be it droughts or flooding, have left several communities all over the world scrambling to abandon the very place they call home. The victims are left to embark on a search for safer and more habitable environments to begin their lives anew. This has given rise to an increasing humanitarian crisis, but not due to war, persecution, or political instability; but due to ever-worsening ecological concerns which the entire planet is increasingly reeling from. Valuable support efforts by the international community non-withstanding, these “climate migrants”, still lack the necessary legal status and comprehensive protection within the current legal framework of the European Union (EU). Their efforts to gain asylum are being thwarted by a legal system, which as of now, is woefully under-equipped to handle the same. The study attempts to expand the conversation in this regard, by conducting doctrinal research on the present gaps in the existing international and new EU legal frameworks related to asylum and refugees. With the help of case studies in the Asia-Pacific region, the paper critically assesses the same, contributing valuable insights to the ongoing discourse on climate-induced migration and advocating for a more inclusive and adaptive legal framework to ensure the protection of the rights of climate migrants.