Edited by Benoît Mayer and François Crépeau
In recent years, the issue of climate change-induced human displacement has been a topic of considerable legal scholarship. However, many proposals to address the problem have been criticized on the basis that international refugee law or a new rights-based international legal framework would not be well suited to respond to the particular displacement challenges associated with climate change. Meanwhile, within the international negotiations for a post-2020 climate change treaty, developing countries have proposed a dedicated climate change displacement facility. Although such a facility was not established as part of the Paris Agreement adopted by the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) in December 2015, climate change displacement has been included as part of the work program of the Warsaw International Mechanism for Loss and Damage Associated with Climate Change Impacts (Warsaw International Mechanism). This chapter argues that, building on the work of the Warsaw International Mechanism, the proposal for a climate change displacement facility under the UNFCCC provides a politically feasible, short- to medium-term international response to an issue that is unable to garner traction in other legal fora. This chapter also explores the potential mandate, functions and sources of funding for such a facility.
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