Climate displacement and human rights: rectifying the current legal protection lacuna through international and regional solutions

As the climate crisis increases in severity, the number of persons who will be displaced both internally and across state borders will rise exponentially. There is currently an alarming lacuna in international law regarding the protection of persons displaced by climate change, the implications of which are becoming increasingly dangerous as numbers inevitably surge. This paper explores potential mechanisms of protection for individuals displaced by climate effects internationally and regionally, analysing the merits and limitations of each avenue. Through a case study regarding the attempted humanitarian visa programme for Pacific Islanders in New Zealand, the paper establishes the need for rights-based mechanisms on both the international and regional levels designed to protect persons impacted by climate displacement through an autonomy-focused, culturally cognisant approach.