The Application Of The Principle Of Non-Refoulement To The Protection Of Climate Change-Induced Externally Displaced Persons ——From The Perspective Of International Human Rights Law

Since the beginning of the 21 st century,climate change is changing and will continue to change the environment of human beings,and its impact on human migration has also become significant.Some countries in the world are particularly vulnerable to climate disruption,and even face the possible fate of being completely submerged by rising sea levels.Nationals of these countries often enter other countries through normal immigration channels or special arrangements between two governments,thereby obtaining the right to reside for a certain period of time.However,they become climate change-induced externally displaced persons when their residency period expires and their living conditions in their home country are so severe that the effects of climate change make it impossible to return to their home country.In such circumstances,their forcible return to their home country may prejudice their right to life,or subject them to cruel,inhuman or degrading treatment,thereby triggering the country’s non-refoulement obligations under international human rights law.From the perspective of international human rights law,the thesis discusses the definition of climate change-induced externally displaced persons,the difficulties of the international legal protection of climate change-induced externally displaced persons,the sources of the principle of non-refoulement in international human rights law,and how it applies to the protection of climate change-induced externally displaced persons,and finally,proposals for China’s position on applying the principle of non-refoulement to the protection of climate change-induced externally displaced persons.The specific contents of the thesis are as follows:Chapter One discusses the concept of climate change-induced externally displaced persons and the difficulties of protection of them in international law.It is found that the terms “climate refugees”,“climate migrants” and“environmentally-displaced persons” used by the scholars are not strictly legal concepts,and the definitions are also different.Through comparative analysis,the thesis uses the term “climate change-induced externally displaced persons”,and defines it as “persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence,as a result of or in order to avoid the effects of climate change,and who have crossed an internationally recognized state border”.The difficulties of the international legal protection of the climate change-induced externally displaced persons are mainly reflected as follows: the international refugee law does not grant the climate change-induced externally displaced persons refugee status;the international climate change law lacks the concern of the climate change-induced externally displaced persons;the international migration law leaves countries discretion on the entry of the climate change-induced externally displaced persons;and the international human rights law does not grant the climate change-induced externally displaced persons the right to enter other countries.Chapter Two discusses the sources and the meaning of the principle of non-refoulement in international human rights law.The principle of non-refoulement not only is an important principle of the international refugee law,but also has its treaty and customary sources in the international human rights law.The principle of non-refoulement is directly enshrined in the international law against torture,and inherently enshrined in the right to life and the prohibition of cruel,inhuman or degrading treatment or punishment.The principle of non-refoulement in the international human rights law states that no person shall be,returned,expelled or otherwise forced to leave a territory if there are substantial grounds for believing that he or she would face a real risk of loss of life or being subjected to torture or cruel,inhuman or degrading treatment or punishment.Chapter Three discusses the jurisprudential basis and relevant practice of the principle of non-refoulement as it applies to the protection of climate change-induced externally displaced persons.The application of the principle of non-refoulement to the protection of climate change-induced externally displaced persons is primarily based on the right to life and prohibition of cruel,inhuman or degrading treatment in the international human rights law.International human rights treaty bodies and international judicial bodies have made the application conditions and risk thresholds of the principle of non-refoulement more specific through their interpretations and（quasi-）judicial practice,and have also developed the jurisprudence of the application of the principle of non-refoulement to the protection of climate change-induced externally displaced persons.The Tetiota case dealt with by the UN Human Rights Committee and the D v.UK case decided by the European Court of Human Rights may provide reference and reflection.Chapter Four discusses advantages and disadvantages of the application of the principle of non-refoulement to the protection of climate change-induced externally displaced persons.Here are advantages of the application of principle of non-refoulement to the protection of climate change-induced externally displaced persons:First,the international human rights law is legally binding compared to soft law.Second,its human-centered nature makes the international human rights law more morally persuasive than other rules of international law.Third,it is easier to interpret existing binding international human rights law than to make new treaties.Fourth,the application of the principle of non-refoulement to the protection of climate change-induced externally displaced persons is also the embodiment of complementary protection,which is the new development of the international human rights law.However,the application of the principle of non-refoulement to the protection of climate change-induced externally displaced persons also has disadvantages such as high risk thresholds,limited application range and the immaturity of relevant judicial practice.Chapter Five provides suggestions on how China should deal with the protection of climate change-induced externally displaced persons.China should sort out the contents of the principle of non-refoulement in the human rights treaties that China has signed,and gradually establish a domestic legal system that conforms to the treaty obligations.Thus,we are prepared when the issues of the application of the principle of non-refoulement to the protection of climate change-induced externally displaced persons arise.