Protecting the Right to Life for Cross-border Climate Refugees: A Juridical Analysis of Teitiota v. New Zealand

Abstract

The case of Teitiota v. New Zealand stands out as a significant highlight of the challenges climate refugees are facing today. This thesis examines the legal protection of climate-induced migrants within the framework of international human rights law. It focuses on the right to life and its implications for individuals facing cross-border displacement due to climate change. By analyzing the Teitiota v. New Zealand case, the thesis addresses whether the deportation of Ioane Teitiota violated the right to life as enshrined in the International Covenant on Civil and Political Rights (ICCPR). The thesis also examines the adequacy of the 1951 Refugee Convention in addressing the challenges faced by climate refugees, considering whether its provisions are sufficient or require reform to encompass individuals displaced by environmental factors. Additionally, the study explores the evolving definition of climate refugees and the gaps in current international refugee law that hinder effective protection. Through a critical analysis, the thesis proposes necessary reforms to international law, aiming to strengthen protections for future climate refugees. The research contributes to the ongoing debate about the intersection of climate change, migration, and human rights, highlighting the urgent need for legal frameworks that recognize and address the existence of climate refugees.