On The Protection Of "Climate Refugees" In International Law

With human beings continually exploiting nature for self-development, the Earth’s ecological environment is getting worse. Desertification, rising sea levels,groundwater depletion, sudden natural disasters and many other serious problems take place one after another. The term “climate refugees” has come into being to describe people who have to move away from their homes because of sudden environmental changes. In recent years, there has been a significant increase in the number of these“climate refugees”. They, however, cannot enjoy the explicit protection, assistance and relief from the international community like the traditional refugees for the defects of the existing refugee definition and of the legal protection mechanism have prevented “climate refugees” being recognized by the international law.Based on international theories of the concept “climate refugees”, making use of historical analysis, comparative analysis, case studies, treaty analysis and other methods about the protection practice dilemma and existing international human rights protection mechanisms, this thesis points that these “climate refugees” cannot be well protected only by the existing refugee convention and related human rights protection mechanism. Facing the challenges, the world should establish a special protective convention of "climate refugees" first. The new Convention should absorb a sort of theories about the protection principle, protected rights, state responsibility distribution and other contents from the Refugee Convention and the existing human rights treaties. People can also make some appropriate innovation in the detailed provisions of state responsibility between the receiving state and home country, and at the same time the thesis suggests to address the issue through international judicial relief and special relief fund to form an organic and long-term "climate refugees" protection mechanism of international law.