(Im)mobility in the context of climate change: between legal challenges and legal experiments

Abstract

The article evaluates whether existing legal frameworks can effectively protect and assist individuals displaced by climate change-related events. It first analyses the EU legal order, highlighting the absence of a structured and protectionoriented approach to climate-induced migration. It then examines the international protection regime, focusing on refugee law and human rights law as potential sources of limited protection, including the analysis of soft law instruments that have promoted the idea of safe, legal, and organised migration management. Finally, the article explores recent practical solutions, with particular attention to legal and policy initiatives in Oceania, which has emerged as a significant laboratory for innovative responses to climate mobility. By way of conclusion, an assessment of the overall adequacy of current legal frameworks in addressing climate change–related displacement will be provided.