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tension, and thereby have an impact on a range of economic, social and cultural
rights, thus spurring the need for mobility. Other climate-change-induced factors can
also pose severe threats to human rights, including threats to life and livelihood,
such as famine and drought, which often seem misclassified as mere incentives to
migration and not worthy of proper human rights protections in themselves.
65. Thus, the phenomenon of climate-change-induced migration may require
rethinking of the human rights categories afforded to migrants and the development
of eventual protection mechanisms for persons on the move. The Special Rapporteur
remains aware, however, that it may not necessarily be ideal to single out those
migrants who move for environmental reasons. Over and above the aforementioned
difficulties of proving causality, there are many other categories of vulnerable
migrants who also need protection. Rather, the Special Rapporteur encourages the
development of coherent policies regarding the rights of all migrants, which takes
into account the myriad circumstances which lead people to migrate, including the
need for human rights protections, in particular for those who are “induced” or
“forced” to migrate.
3.
Needs of citizens of low-lying island States
66. One category of climate-change-induced migrants that international law needs
to consider urgently is those who inhabitant low-lying island States. Though it
appears unlikely, despite sensationalist reports, that many countries will completely
disappear owing to rising sea levels, a very real concern remains that some of those
countries may become uninhabitable, likely owing to insufficiency of fresh water
resources. 31
67. To date, the international legal framework appears to be largely inadequate to
address such a situation. The first article of the Montevideo Convention on the
Rights and Duties of States requires that a State possess four elements: a permanent
population; a defined territory; a government; and a capacity to enter into relations
with other States. 32 Yet, a legal issue that remains unresolved is the status of the
State after the disappearance of one of the elements established by the Montevideo
Convention. Furthermore, although international law provides that a State may
become extinct under certain circumstances such as absorption, merger and
voluntary or involuntary dissolution, 33 the situation of a State abandoned by its
population due to the effects of climate change is simply so new that no clear
international legal framework appears to apply.
68. Of greater importance, perhaps, is the legal status of the population of a
disappearing State. The Special Rapporteur notes that it remains unclear how
international law would protect those affected persons. On the one hand, the
international legal framework on statelessness is of little help, as the Convention
does not automatically allow a stateless person to enter a third State. 34 On the other
hand, as noted above, the need to leave one’s country as a result of environmental
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31
32
33
34
16
See generally: Jane McAdam, “Disappearing States”, Statelessness and the Boundaries of
International Law, in Climate Change and Displacement: multidisciplinary perspectives,
pp. 105-130, Jane McAdam ed. (Hart Publishing, Portland, Oregon, 2010).
Montevideo Convention on the Rights and Duties of States (1933), art. 1.
James R. Crawford, The Creation of States in International Law, 2nd ed. (Oxford University
Press, Oxford, 2007).
Convention relating to the Status of Stateless Persons (1954).
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