Displacing Climate Precarity

87 Albany Law Review 799 (2025)

19 Pages Posted: 6 May 2025 Last revised: 14 May 2025

See all articles by Camila Bustos

Camila Bustos

Pace University - Elisabeth Haub School of Law

Julia Neusner

affiliation not provided to SSRN

Date Written: April 01, 2025

Abstract

We argue that because climate change is exacerbating other drivers of displacement, it is seldom possible to attribute movement to any single factor or to categorize movement conclusively as voluntary or involuntary. Therefore, expanding pathways to safety for all people on the move is the best approach to protect those displaced, directly or indirectly, by climate change and environmental disasters. Despite attribution and definitional challenges with regard to climate-related mobility, documenting and assessing the role of climate change in driving displacement is paramount to compel those countries that reap the benefits of a fossil-fuel economy—namely, Western Europe and the United States—to prevent climate-related harm and assist displaced people. Both corrective and distributive justice principles support imposing substantial obligations on developed states to uphold the rights of climate-displaced populations, including by providing redress for climate-related harm, funding adaptation measures, and welcoming and supporting those who move in a way that upholds human dignity. A first step in doing so is guaranteeing
substantial support for the Loss and Damage Fund set up under the international climate negotiation process.

Keywords: climate displacement, asylum, refugee law, climate change, loss and damage

Suggested Citation

Bustos, Camila and Neusner, Julia, Displacing Climate Precarity (April 01, 2025). 87 Albany Law Review 799 (2025), Available at SSRN: https://ssrn.com/abstract=5210188 or http://dx.doi.org/10.2139/ssrn.5210188

Camila Bustos (Contact Author)

Pace University - Elisabeth Haub School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

Julia Neusner

affiliation not provided to SSRN

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