From Legal Void to Emerging Norms: The ICJ 2025 Advisory Opinion and Regional Innovation in Protecting Climate-Displaced Persons

Climate change is no longer a distant threat but a reality affecting every country. Rising sea levels endanger small island states and low-lying coasts, while droughts, storms, and other impacts are driving people to move far beyond coastal regions. Yet those displaced by climate change remain inadequately protected under international law. This thesis explores how existing legal frameworks address climate-related human mobility and where gaps remain. Using doctrinal legal research, it examines how the categories of refugee, migrant, and displaced person intersect with climate change. It then analyzes the limits of the 1951 Refugee Convention, the role of international humanitarian and human rights law, and the contributions of UNHCR, IOM, and regional agreements. A timeline of milestones, from early refugee instruments to the 2025 ICJ Advisory Opinion, highlights the evolution of global recognition. Case studies from the Pacific, Africa, Europe, and the United States illustrate both innovative practices and continuing shortcomings. By linking these regional developments with the interpretive authority of the ICJ Advisory Opinion, the thesis argues that a set of emerging legal norms is beginning to fill the long-standing protection gap for climate-displaced persons. The study finds that while recent developments such as the Paris Agreement, the Global Compacts, and the ICJ 2025 Opinion have advanced protection, responses remain fragmented. It concludes by analyzing the approaches to address climate displacement and possible future directions.