ABSTRACT

The topic of climate refugees is still a novel one in legal research and practice. Apart from identifying the problem itself and pointing out the gaps in international law, little has been said. The debate that is going on, is often organised through channels with the same objective and the same approach. In academic literature and policy papers, the topic of climate refugees is often approached as either a human rights, a security, or a responsibility issue. 1 Often the consequences of opting for one or the other of those approaches (apart from listing their benefits and disadvantages) are not considered. However, each approach carries with it a set of (different) assumptions and logical outcomes. From a legal perspective, the approaches determine the expectations one holds of the law and provides a framework in which complementary norms are bargained. Thus, it can be very beneficial to be aware of, and take advantage of, the various approaches.