University
Old Dominion University
Country
United States of America
Document Type
Conference Paper
ORCiD
0000-0002-8355-1435 (Huseynli)
Description/Abstract
Climate change is displacing millions of people globally, yet those forced to migrate due to environmental factors remain unprotected under existing international refugee law. This paper argues that legal recognition for climate refugees can emerge not through immediate treaty reform but through the evolution of soft law and norm creation. Drawing on constructivist theory, it examines how activism, international organizations, and legal precedents contribute to shifting global norms. Through case studies such as Ioane Teitiota v. New Zealand and the Fridays for Future movement, the paper shows how strategic litigation and advocacy can build momentum for future legal protections. It concludes by proposing a hybrid framework that bridges refugee law, environmental governance, and human rights.
Keywords
Climate refugees, International law, Soft law, Norm creation, Legal recognition, Activism
Disciplines
Climate | Environmental Studies | International Law | International Relations | Migration Studies
DOI
10.25776/ph62-qr69
Session Title
Law, Governance, and International Order
Location
Cape Charles Room, ODU Webb Center
Start Date
3-21-2025 9:30 AM
End Date
3-21-2025 10:45 AM
Upload File
wf_yes
Included in
Climate Commons, Environmental Studies Commons, International Law Commons, International Relations Commons, Migration Studies Commons
Soft Law, Activism, and Climate Displacement: Rethinking International Protections for the Environmentally Displaced
Cape Charles Room, ODU Webb Center
Climate change is displacing millions of people globally, yet those forced to migrate due to environmental factors remain unprotected under existing international refugee law. This paper argues that legal recognition for climate refugees can emerge not through immediate treaty reform but through the evolution of soft law and norm creation. Drawing on constructivist theory, it examines how activism, international organizations, and legal precedents contribute to shifting global norms. Through case studies such as Ioane Teitiota v. New Zealand and the Fridays for Future movement, the paper shows how strategic litigation and advocacy can build momentum for future legal protections. It concludes by proposing a hybrid framework that bridges refugee law, environmental governance, and human rights.