ABSTRACT
This chapter's main objective is to describe, explain and define the legal 'gap' in which climate refugees reside. It begins by mapping the relevant legal frameworks, and defines more clearly why they are regarded as lacking. The chapter explores two developments that signify the early stages of a change in attitude towards the regulation of climate refugees, namely the establishment of the United Nations Framework Convention on Climate Change (UNFCCC) Task Force and the adoption of the New York Declaration. It provides an overview of the proposals that several groups of academics have made, based on which future developments could be developed. The chapter focuses on post-2012 developments, a short discussion of pre-2012 rules will also be made. The most eminent post-2012 development in the context of protection rules is the non-binding New York Declaration. The New York Declaration explicitly recognised climate change as one of the main drivers for migration.
