Climate Migration in the International and Domestic Regulation of Migration

Abstract

As the number of climate migrants increase, the gaps in the law for protection of such people become more evident. This paper argues the current legal framework is not equipped to protect climate migrants, as attempts to categorise them into legal definitions of which they do not necessarily fit such as refugee, stateless persons or person eligible for complementary protection, have resulted in unintended consequences and complexity. By using the right to life as an objective criterion, this paper analyses the current regulation of climate migration in both international law and domestic law in Australia and New Zealand, drawing comparisons with the legislative approach of Pacific Island nations. It also considers the current scholarly perspectives in this field, before concluding that the most effective way of regulating climate migration is through binding regional agreements tailored to the needs of climate migrants in those regions.