ABSTRACT

The primary goal of international environmental law is the protection of the environment. This includes future-oriented protection of the environment through the precautionary principle, which aims to prevent irreparable or irreversible harm to the environment. 1 Under international refugee law, the principle of non-refoulement provides that an asylum claimant or refugee has a right not to be sent back to his or her country of origin to face persecution. 2 Thus, non-refoulement is comparable to the precautionary principle, in that it aims to prevent irreparable or irreversible harm from resulting to asylum claimants and refugees. However, even when considered together, these two principles do not provide adequate protection to individuals fleeing their home country due to climate change. This chapter seeks to address the gap that exists in international environmental law and international refugee law in protecting climate change-displaced persons by applying the principle of non-refoulement to international environmental law.