Climate Change Displacement Existing Avenues and Need for a Regional Framework for South Asian and South East Asian Region

Abstract

Climate Change has become quite the game-changer today which is forcing us human beings to explore new ways (eg. scientific, political, legal) to address the phenomenon of climate change as well as the consequences arising from it. One such consequence is displacement due to climate change. Whereas much scholarship exists on this matter originating in western countries and western scholars, Asian scholarship on the same is lacking. There is also less focus on regional approaches and the South Asian and Southeast Asian regions. newlineIn this thesis, a holistic analysis of the existing avenues to address this issue, directly and indirectly have been explored and lacunae from a legal perspective are identified and analysed. A holistic analysis of the state of the chosen regions is also pursued in furtherance of the argument that smaller, regional approaches, as opposed to global legal frameworks, are better. A definition of persons displaced due to climate change is proposed and based on the common needs of the people of the region, a human-rights protection framework is envisaged. Labour-mobility approaches are additionally explored to further strengthen the framework. Procedural aspects with regards to climate finance law, burden-sharing principles, coordination, and dispute resolution are delved into. newline newline