| In recent years,global extreme climate change has led to the threat of survival crisis for people in some regions.With the increasing impact of human activities on climate,climate change has begun to lead to frequent serious weather events and severe climate change around the world,and the number of people affected by such events is also increasing.However,the issue of "climate refugees" is quite controversial in the field of international law,and this group has not yet received recognition and assistance in international law.Among them,how to identify the concept of "climate refugees" is the most critical issue.The issues related to population migration caused by climate change are still at a stage of disagreement in the academic community,especially in terms of relevant identification standards.Due to the lack of definition and the absence of a corresponding international legal document as a reference,the supply and demand of crisis governance are seriously unequal.Climate change has become an important driving factor for the migration of more and more people.However,at present,any legal documents targeting refugees do not contain the content aimed at solving this problem,which also leads to the displacement of more and more people who cross the border to seek asylum because of the annihilation of their national territory.On the whole,to solve the problem of "climate refugees",it is necessary to make a clear determination of what kind of people have what conditions can be included in the scope,and then give them corresponding protection on their status,namely,"identification stage" and "protection stage".First,the term "climate refugee" urgently needs a clear definition and identification criteria.Although the reasons for these refugees to flee are different from the "traditional refugees" in international law,these groups have completely met the relevant constitutive requirements and identification requirements of traditional refugees in their fundamental nature.And according to the characteristics of this group at present,making a clear definition of "climate refugees" is not a castle in the air,but a reasonable basis;Secondly,this paper seeks answers to the definition and identification criteria of "climate refugees" from both theoretical and practical perspectives.Throughout the development process of the refugee issue,the definition of the term "refugee" has changed and expanded in theory,and it has been constantly updated with the evolution of the treaty,which is not static.This provides a very favorable theoretical basis for the inclusion of "climate refugees" in refugee protection.In practice,more and more cases have been filed in the field of international law by groups whose living conditions tend to be poor due to the impact of climate,and the international attention has become increasingly high.The results of such cases have become more optimistic with the development of practical conditions and the passage of practice,especially the case of "Australian Islanders suing the Australian government for inaction on climate issues",which ended in September 2022,In the international field,it affirmed that climate change had a serious impact on local residents,and requested relevant countries to make compensation and take remedial measures;Finally,the feasible way to provide the definition and identification of "climate refugees" is not simple.Determining academic concepts,clarifying identification criteria,formulating relevant international legal documents,and exploring from the field of international human rights law are all feasible ways and means to solve the problem of "climate refugees".A series of issues related to "climate refugees" urgently need to be discussed from the theoretical and practical levels.In the new era,in the face of the legal deadlock brought about by this problem,the first step to solve this global problem is to develop a clear legal concept and relatively complete identification criteria for "climate refugees".This is not only a new challenge facing the world refugee law system,but also the responsibility of the current global academic community. |
