Climate Change Litigation and Its Potential Impact on Climate Induced Displacement: Towards Recognition of a Right to an Adequate Environment

Abstract

The adverse impacts of climate change are causing unprecedented challenges related to climate induced displacement. The current response in international law is, however, insufficient and leaves a legal protection gap. As the world is facing an exceptional environmental crisis, the right to an adequate environment is not specifically recognised in international law. This thesis examines whether an individual right to an adequate environment is emerging as customary law in light of recent climate change litigation and what potential it has to impact climate induced displacement. The right to an adequate environment has rapidly grown and recently been pursued through litigation which has caused progressive developments across jurisdictions. The right to an adequate environment is not suggested as a comprehensive solution to climate induced displacement but a rights-based approach may be a valuable contributor by offering enhanced safeguarding through mitigating drivers of climate induced displacement and offer adaptation and protection during and after displacement. A holistic approach is needed, and the right to an adequate environment can be a significant contributor to the overall response. In light of the current international landscape where protectionism and sovereignty are regaining strength while reluctance towards international cooperation is increasing, domestic developments of existing law initiated by non-state actors may be more beneficial than attempts by States to create new international law through global arenas.