New Developments in National Practices of the Protection of Human Rights of Climate Migrants and Their International Law Analysis: A Case Study of the Australia-Tuvalu Falepili Union Treaty

JIANG Xiaoyi* & LIANG Ke'er**

Abstract: Climate change poses a severe and urgent threat to human rights, with small island states bearing a disproportionate share of this adverse impact. Although the international community is addressing this issue through the dual pathways of climate change law and human rights law, the effectiveness remains relatively limited, leaving the human rights of climate migrants in a predicament of lacking adequate protection. The Australia-Tuvalu Falepili Union Treaty reached between Australia and Tuvalu at the end of 2023 represents the latest practical development in this field. The emergence of the Treaty has promoted further interaction and integration between the two systems of climate change law and human rights law, filling the gap in international law regarding the protection of human rights of climate migrants to a certain extent. However, while the provisions in the Treaty that cede sovereign rights in exchange for human rights protection possess a certain degree of legality, they run counter to climate justice and lack a foundation of legitimacy. In essence, such provisions not only do not contribute to the improvement of international rule of law but also exacerbate the conflicting relationship between human rights protection and sovereign independence. The geopolitical considerations reflected in the Treaty may push the protection of human rights of climate migrants toward becoming a security issue with political attributes, thereby affecting the geopolitical pattern of the Pacific region and hindering cooperation between China and small island states in relevant fields. China should assess the possible development trends and potential impacts of the Treaty, promote the coordinated governance of the human rights law and climate change law systems under the guidance of a holistic and systematic perspective, carry out targeted cooperation with small island states on the basis of respecting sovereignty, and build China’s independent system for protecting the human rights of climate migrants.

Keywords: climate migrants · human rights protection · Australia-Tuvalu Falepili Union Treaty · sovereign rights · small island states