International Law Considerations For Climate Refugee Resettlement

Global warming has caused seawater volume expansion and melting of glaciers,and some low-altitude areas have been completely submerged,triggering new refugee resettlement problems.There is no clear norms of international law for the resettlement of such refugees,and the absence of the legal system is the primary obstacle facing the current resettlement of this group,and it has also become the reason for the relevant entities of the international community to shirk their responsibilities.Clearly defining “climate refugees” from international law is the basis for solving problems.At the same time,necessary temporary measures should be taken to obtain sufficient time for the international community to formulate new rules for climate refugee resettlement.With reference to the existing legal rules applicable to the main body of refugees,the“non-return principle” and the “temporary asylum principle” can be used as the guiding principles for temporary resettlement,and the UN Human Rights Council is responsible for organizing and implementing it.The new rules mainly include three parts: the responsible subject,the resettlement principle and the responsibility mechanism.Traditional international law theory only relies on "the illegality of state behavior" to determine the subject of responsibility,but based on the new development of modern international law theory,especially the "China program" that promotes the construction of a community of human destiny,it is necessary to treat refugee countries and refugee countries.Similar neighboring countries and other countries related to resettlement responsibility are included in the scope of the responsible subject,and bear different responsibilities according to the degree of interest.By drawing on the spirit of international law and normative documents,we should establish four basic principles of resettlement,such as “planning as early as possible”,“emergency risk avoidance”,“considering groups and individuals” and “standardization of responsibility”.In terms of the responsibility mechanism,taking into account the relationship between carbon emissions,climate warming and climate refugees,it is possible toachieve the standard of resettlement responsibility by carbon emission by grafting the responsibility punishment mechanism in the current emission reduction regulations.A specific proportion of the carbon tax paid is injected into the “Rescue Fund”,which is responsible for managing the fund and organizing resettlement actions to establish a long-term protection mechanism for climate refugees.In terms of implementation path,consider organizing research and drafting by the UN International Law Commission,the UN General Assembly convened an international conference of plenipotentiaries to negotiate,adopting the draft by consensus,concluding the convention,and signing it to all countries,adopting the “Framework Convention +Protocol + Annex” Forms,gradually covering the issues involved in refugee resettlement.China should actively participate in the temporary resettlement of climate refugees and the formulation of new rules,and implement the great initiative of “promoting the construction of a community of human destiny” with practical actions.