Strategic climate litigation and its impact on the governance of climate migration

Abstract

The legal framework governing the climate migration phenomenon has been defined as a “gaping legal hole”. Years of international negotiations have resulted in very little, mainly non-binding and vague statements or recommendations. This paper argues that while international negotiations on climate migration have been largely ineffective, some significant developments have been achieved through strategic climate litigation and the “gaping legal hole” has been narrowed, at least to a certain extent. This paper reviews several key cases and explains their relevance to, and importance for, the development of the regulation of climate migration.