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Protection of Persons Displaced Across Borders in the Context of Disasters and the Adverse Effects of Climate Change – A Review of Literature, Legislation and Case Law to Support the Implementation of the Global Compact on Refugees

Professor Walter Kaelin and Dr. Hannah Entwisle Chapuisat  – United Nations High Commissioner for Refugees (UNHCR), Platform on Disaster Displacement (PDD) (2024)

This review of current State practice shows that authorities in many countries have been confronted with individuals claiming international protection due to the impacts of disasters and climate change.

To support implementation of the Global Compact on Refugees (GCR), this review describes a wide range of good practices to provide international protection based on international and regional refugee and human rights law or to provide admission and stay based on migration law to persons displaced across borders in the context of disasters and adverse effects of climate change who do not or are unable to apply for international protection.

Overall, existing practice demonstrates that consensus is growing on the need to protect such persons through national and regional applications of these three areas of law. However, a closer analysis of State practice indicates that the use of these tools is limited, often random, hard to predict, and neither harmonized nor well-coordinated.

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