International Law Protection Of“Climate Refugees” Under The Background Of Global Warming

Nowadays,a series of negative effects brought by climate change have brought new challenges to people’s survival and development,as well as to the international legal system.Global warming has increased the frequency of natural disasters such as floods and droughts,caused the melting of glaciers and the thermal expansion of sea water,and led to the continuous rise of sea level.Some coastal countries or regions,especially some small island countries,part or all of their territory has been or will be submerged,which is no longer suitable for human habitation and forced them to move across national borders in order to survive.This special group is often referred to as “climate refugees”.“Climate refugees” do not belong to the refugees in international law,whether they should be eligible and treated as refugees in international law,whether they can get relevant protection and relief,and if so,how to obtain the protection and relief.That is to say,there is no specific and systematic international law protection mechanism for “climate refugees”.However,through the analysis and demonstration,the international law protection of “climate refugees” still has a solid theoretical and practical basis.This topic will be based on international refugee law,international human rights law,international environmental law and other relevant content,combined with relevant cases,using Empirical Research,Comparative Research,Historical Research,Literature Research and other research methods to carry out the research.This paper will discuss from the following parts:In the first part,this part will define the legal status of “climate refugees” and put forward the criteria for defining “climate refugees”.And then,the “climate refugees” is analyzed and compared with the environmental refugees and climate immigrants,so as to better understand “climate refugees”.The second part,this part will analyze the current situation of international law protection of “climate refugees” from two aspects: the existing relevant international law rules of “climate refugees” protection,and the current protection situation of “climate refugees” rights(taking Tuvalu,a small island country,and Bangladesh,a coastal region as an example).The third part,based on the current situation of international law protection of “climate refugees”,it will summarize the difficulties of international law protection of “climate refugees”.The forth part,this part is the key part of the article.On the one hand,it will put forward two alternative ways to protect "climate refugees" in international law.One is to protect “climate refugees” from the perspective of human rights;the other is to draw up a special international convention on“climate refugees”.Then analyze the feasibility of these two ways,on the basis of which it will point out that the new convention is more conducive to the long-term and effective solution of “climate refugees”.On the other hand,this part will also put forward the concrete system construction of the international law protection of “climate refugees”,which can also provide some reference for the drafting of the new convention.The fifth part,this part is the conclusion of the article.