Suggested citation: F. Schirinzi, Il migrante ambientale nel diritto internazionale: lacune normative, sviluppi giurisprudenziali e prospettive di tutela, in lceonline (www.lceonline.eu), 2/2026,II/Rubriche, p. 31 ss.
Keywords: environmental migrants; climate change; non-refoulement; human rights; complementary protection; climate justice; multilevel protection
Abstract: This article examines the position of environmentalmigrants in international law, starting from the persistent absence of a unified legal status for persons compelled to move as a result of climate change and environmental degradation. After highlighting the structural limits of the 1951 Geneva Convention, which is based on the link between individual persecution and Convention grounds, the article explores the main responses developed within international law: complementary protection, regional instruments, soft law, bilateral agreements, and human rights jurisprudence. Particularattention is paid to the Teitiota, Daniel Billy and KlimaSeniorinnencases, as well as to the recent advisory opinions of ITLOS, the Inter-American Court of Human Rights and the International Court of Justice.
The analysis shows that, although an autonomous status of “climaterefugee” has not yet emerged, an indirect and multilevel form of protection is progressively taking shape, based on the interactionbetween climate obligations, fundamental rights, the principle of non-refoulement, State responsibility and States’ obligations to regulateand supervise private activities. The article concludes that effectiveprotection for environmental migrants requires an integrated approachcombining prevention, adaptation, admission, stay, planned relocation and international cooperation.
