Enhancing Protection of “Climate Refugees” in Destination Hubs: A Comparative Analysis of Legal Mechanisms and Governance Challenges in the United States and India

Abate, Randall S. and Bhardwaj, Chhaya (2024) Enhancing Protection of “Climate Refugees” in Destination Hubs: A Comparative Analysis of Legal Mechanisms and Governance Challenges in the United States and India. Harvard Human Rights Journal, 37 (2). pp. 293-318. ISSN 1057-5057

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Abstract

The plight of climate refugees is a global crisis that requires global cooperation and regional responses. The United States and India are important regional destination countries for climate refugees. “Climate refugees” are not recognized as a category of people entitled to protection in either country; however, legal mechanisms in both countries can be applied to cross-border displacement due to climate change. Part I of the article introduces the challenge of defining the term “climate refugees.” Part II addresses legal mechanisms in India that can be used to protect people displaced across the border as refugees or protected persons, and Part III reviews these mechanisms in the United States. Part IV evaluates what the United States and India can learn from best practices in climate migration legislation in Europe and international human rights law. It also explores what these two countries can learn from each other’s best practices in developing governance frameworks for climate refugees.

Item Type: Article
Keywords: Climate Change | Climate Refugees | Migration
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Geography
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 20 Aug 2024 08:38
Last Modified: 20 Aug 2024 08:38
Official URL: https://journals.law.harvard.edu/hrj/wp-content/up...
URI: https://pure.jgu.edu.in/id/eprint/8290

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