Embracing soft law instruments as a foundation for the protection of the rights of climate refugees

Abstract

The unrivalled consequences of climate change have led to population displacement and relocation, creating a new category of individuals known as climate refugees. These individuals face unique challenges in terms of legal protection, as current international legal frameworks primarily focus on political or conflict displacement. Soft law instruments offer a potential basis for protecting climate refugees. This paper examines potential ways by which legal and normative frameworks can be employed to protect the rights of climate refugees. The paper contended that greater emphasis should be placed on developing soft law, rather than attempting to integrate individuals displaced by climate change into current legal framework. This paper also asserts that while soft rules enhance international cooperation, and may serve as a precursor to more binding legal frameworks in the future, they are not enough; binding legal systems are ultimately necessary to guarantee comprehensive and enforceable protection for climate refugees.