Enhancing Protection of “Climate Refugees” in Destination Hubs: A Comparative Analysis of Legal Mechanisms and Governance Challenges in the United States and India

Authors

Randall S. Abate, George Washington University Law SchoolFollow
Chhaya Bhardwaj, O.P. Jindal University

Document Type

Article

Publication Date

2024

Status

Accepted

Abstract

The plight of climate refugees is a global crisis that requires global cooperation and regional responses. The United States and India are important regional destination countries for climate refugees. “Climate refugees” are not recognized as a category of people entitled to protection in either country; however, legal mechanisms in both countries can be applied to cross-border displacement due to climate change. Part I of the article introduces the challenge of defining the term “climate refugees.” Part II addresses legal mechanisms in India that can be used to protect people displaced across the border as refugees or protected persons, and Part III reviews these mechanisms in the United States. Part IV evaluates what the United States and India can learn from best practices in climate migration legislation in Europe and international human rights law. It also explores what these two countries can learn from each other’s best practices in developing governance frameworks for climate refugees.

GW Paper Series

2025-27

Recommended Citation

37 Harv. Hum. Rts. J. 293 (2024)