For the First Time, the U.N. Creates a Path Forward for Climate Refugees

of people over the coming decades. The bedrock U.N. treaty governing the rights of displaced people does not mention the environment, climate, or disasters, narrowly defining refugees as those with a well-founded fear of persecution because of their race, religion, nationality, political opinion, or membership in another social group.

The recent U.N. panel’s decision flung open the door for climate refugees to attain legal victory in international fora, but the law still snuffs out hope at the domestic level. That needs to change. The panel’s decision will allow lawyers in international and domestic courts to use the case’s precedent-setting text and reasoning to argue for clients whose claims are based on conditions created by the climate crisis. The U.N.

Individual nations can, of course, choose to ignore nonbinding international law. American law is tilting in that direction. U.S. asylum law protects only those who show a well-founded fear of persecution based on the narrowly drawn protected grounds outlined in the U.N. treaty. And the current administration has demonstrated a stony opposition to refugee rights.

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