Climate Refugees in South Asia: Protection Under International Legal Standards and State Practices in South Asia
Review by Urvika Sharma (July 01, 2025): In Climate Refugees in South Asia: Protection Under International Legal Standards and State Practices in South Asia (Springer Nature, Singapore, 2019), Stellina Jolly and Nafees Ahmad consider the legal invisibility of communities as well as individuals forced to relocate due to climate-related disasters a subject that is both timely and disturbingly underexplored. This book examines the convergence between climate change, displacement, and international law. It focuses specifically upon this intersection in the South Asian context. It is not just a study of legal frameworks, but it also highlights how current structures fail to respond adequately to the urgent humanitarian challenges of today. South Asia is considered one of the most climate-vulnerable regions in the world. Rising sea levels pose a threat to parts of both the Maldives and Bangladesh. Already, the region is facing the brunt of environmental change from glacial melting in the Himalayas. This book exposes the legal gap that leaves displaced individuals unrecognized by international refugee law and inadequately protected by domestic policies.
The authors take a methodical approach. In the introduction, they set the stage for the issue by emphasizing that this is a crisis that is currently unfolding, rather than one that will occur in the future. Their primary concern is that "there is neither a permanent Lego-institutional framework nor a legal and binding commitment to protect and provide safety and security to climate refugees." This first chapter establishes a sobering tone by emphasizing that, despite increased awareness, climate-induced migration remains a largely unaddressed issue in the law.
The focus of the second chapter changes to a more detailed definition of the issue. Here, the authors explain to the reader the various types of climate-related migration, including cross-border and internal, as well as temporary and permanent, and the complications that arise when socioeconomic and environmental issues intersect. They are shrewd in pointing out that climate change does not always result in mass displacement; rather, it serves as a "threat multiplier," intensifying pre-existing vulnerabilities. The distinction is significant, and their consideration of it lends credibility and nuance to the argument.
The third chapter delves deeply into the normative and legal arguments. This section of the book is among the most thought-provoking and possibly the most intellectually complex. The authors examine the conflict between maximalist interpretations of refugee law, which aim to broaden the definition of "refugee" to include those displaced by environmental factors, and minimalist interpretations, which hold that the term should only be applied to those escaping persecution. "Whatever may be the name assigned to climate-induced displacement, the legal response is called for," Jolly and Ahmad argue persuasively for the latter. They emphasize that recognition is desperately needed, but they do not insist on a particular label.
The book truly showcases its scholarly expertise in the fourth chapter, which is devoted to the analysis of international legal instruments. The authors analyze the shortcomings of current agreements, such as the Paris Agreement and the 1951 Refugee Convention, as well as other climate protocols. They draw attention to their structural blind spots rather than discounting these agreements. For example, the Refugee Convention does not include language about people escaping floods, droughts, or rising seas; it only addresses persecution. In a similar vein, the Paris Agreement mentions "loss and damage," but it offers no legally binding safeguards or relocation routes for displaced people. These criticisms are not merely scholarly; they have practical implications for the millions of people already displaced by climate change.
The authors focus on domestic legal practices in South Asian nations in chapter five. One of the book's best parts, which provides a thorough and comparative examination of how nations like Bangladesh, Nepal, India, and Sri Lanka are, or more precisely, aren't addressing climate displacement in their national policies. Bangladesh, for instance, has acknowledged climate migration in policy documents, but it hasn't implemented any legally binding safeguards. Despite having a robust environmental law system, India does not meaningfully recognize climate migrants. The Maldives, arguably the most immediately threatened country in the region, faces the challenge of long-term relocation planning but lacks the necessary institutional and legal resources to do so effectively. The authors take care to avoid making generalizations and instead address the unique circumstances of each nation.
The sixth chapter takes the analysis in a new and optimistic direction, offering an unexpected note of possibility within the broader legal discussion. Courts in India, Pakistan, Bangladesh, and other countries have occasionally intervened where legislative bodies have previously fallen short. India's National Green Tribunal and Pakistan's Lahore High Court have both issued judgments that highlight the link between environmental decline and human rights, prompting governments to take action. The authors recommend these measures but caution against overreliance on judicial activism. Courts need supporting legislation and proper enforcement to be effective.
The final chapter is maybe the most forward-looking, proposing an indigenous approach to climate regulation through the South Asian Association for Regional Cooperation (SAARC). Although SAARC has historically plodded with political cohesion, especially given pressures between major members like India and Pakistan, the authors argue that it remains the most practical vehicle for indigenous cooperation. They suggest a SAARC Charter on Climate Deportees, standard protocols for data sharing, fiscal threat pooling, and coordinated disaster response. It's an ambitious docket, and while some compendiums might view it as romantic, the sense is hard to ignore. Regional problems often require local solutions, and climate change doesn't respect national borders.
One of the most estimable aspects of this book is how deeply it delves without becoming inaccessible. The legal analysis is thorough, yet the language remains readable. Quotations, cases, and convention analyses are used judiciously, in no way overwhelming the anthology. For example, their use of the term "judicial constitutionalism" to describe how courts have expanded environmental rights shows both scholarly faculty and clarity. Still, the book could have benefited from including more case studies or specific stories. We often hear about programs and laws, but rarely about the lived experiences of those affected. Just a sprinkle of mortal-centred stories could have added emotional weight to the legal arguments. Another minor notice is that while the authors propose ambitious legal reforms, they don't completely grapple with the political walls to achieving them. SAARC, for all its eventuality, isn't presently a high-performing indigenous body. Proposing that it take the lead on climate regulation is theoretically sound, but the real-world path to similar leadership is not counterplotted out in critical detail. Additionally, the book could have explored the aspect of global power dynamics further, examining how developed nations might hinder or slow progress on fairly addressing climate change.
That said, the book's strengths far outweigh its lacunae. It fills a notable gap in the academic and policy literature by focusing on South Asia, which is frequently underrepresented in global discussions on climate law. It also avoids alarmism, instead sticking to substantiation and structured debate. The authors are passionate about the issue, but their writing is measured and respectful of the problem's complexity. What makes 'Climate Refugees in South Asia' an essential read is that it doesn't just observe, it offers a roadmap. It argues for specific, practicable reforms both internationally and regionally. It challenges the transnational legal community to evolve, pushing the boundaries of being exile law and environmental covenants. At the same time, it nudges South Asian nations toward cooperation, legislative reform, and a deeper moral reckoning with the realities of climate relegation.
In conclusion, this book is a necessary and rigorous contribution to a subject that can no longer be pushed to the sidelines. Climate-convincing migration is not an academic trend; it is a lived reality for millions in South Asia and beyond. By diving into the issue head-on, Stellina Jolly and Nafees Ahmad offer not just a notice of the status quo, but a hopeful vision for what a more just and responsive legal system might look like. It's a book that deserves to be read not just by attorneys or policymakers, but by anyone concerned with justice in a warming world.
URVIKA SHARMA (Research Intern: May- June 2025), Society for the Study of Peace and Conflict, New Delhi.