Abstract
As climate change worsens, the world faces the urgent challenge of protecting individuals displaced by environmental crises. Unlike internal displacement, cross-border displacement has been underexplored in the context of climate change, as the existing EU asylum and migration framework does not explicitly recognize climate-related displacement as a ground for international protection. A recent case in Italy highlighted this issue, where a Pakistani man received refugee status based on human trafficking, while climate change (flooding) was only seen as a factor excarberating vulnerability. This study explores how EU law can be adapted to address the needs of climate-displaced individuals, through a comparative analysis of legal frameworks in Australia, New Zealand, and selected EU Member States. Before reflecting upon the introduction of new legal categories like a 'climate refugee' status, it investigates how existing EU legal principles (e.g. non-refoulement, non-discrimination, solidarity) and mechanisms (temporary protection and humanitarian admission) can enhance protection for both EU citizens and third-country nationals. By examining relevant case law and best practices, the study provides recommendations to strengthen EU law and address climate displacement more effectively. It argues for a paradigm shift to integrate climate displacement into EU law, ensuring legal consistency while safeguarding the rights of those displaced by climate-induced disasters.
Researcher(s)
Research team(s)
Project type(s)