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Taking Responsibility For Climate Change-Related Displacement: Article 8 Of The European Convention On Human Rights And The Proportionality Of Expelling ‘Climate Refugees’, Matthew Scott

Matthew Scott

Climate change is already contributing to the displacement of millions of people worldwide by increasing the frequency and intensity of adverse weather events. Faced with a ‘protection gap’ in the international legal framework, proposals for responding to the phenomenon overwhelmingly rely on the State to act, with limited discussion of the potential to develop the scope of protection through litigation. Recognising the potential for litigation to address immediate protection needs whilst also developing the scope of protection more broadly, this discussion paper advances an interpretation of Article 8 of the European Convention on Human Rights that would require a ‘fair …