Vulnerability as a tool to protect environmental migrants

The phenomenon of environmental migration is a pressing and complex issue, exacerbated by climate change and environmental degradation. Despite the increasing prevalence of climate-driven displacement, there is a significant gap in international and EU law regarding the protection of environmental migrants, as neither the 1951 Geneva Convention nor the United Nations Framework Convention on Climate Change (UNFCCC) directly addresses these individuals. This legal void results in environmental migrants being trapped in a state of uncertainty, with no clear status or legal protection. The Research investigates the intersection between environmental migration and the legal frameworks designed to protect vulnerable populations, with a particular focus on the European Union’s response to climate-induced displacement. In particular, the Research explore whether the concept of vulnerability, a dynamic and context-dependent legal tool, can offer a framework for providing protection to environmental migrants under current EU law. The Research is structured around several key themes. First, it addresses the challenges of conceptualizing environmentally driven migration and its legal implications. It emphasizes the multi-causal nature of migration, where environmental factors intersect with social, economic, and political drivers, complicating the efforts to classify and respond to climate- induced displacement. The second major focus of the Research is on the potential of vulnerability as a tool to enhance legal protection for environmental migrants. Drawing on various theoretical perspectives, including feminist theories, disaster studies, and bioethics, vulnerability is presented as a dynamic and relational concept that can inform legal frameworks in a more inclusive and adaptive manner. A final assessment is made in ascertain whether the analysis presented throughout the Research can effectively close the protection gap for environmental migrants.