The principle of common but differentiated responsibilities as a basis for protecting climate refugees: the case of Tuvalu

Abstract

The main international legal instruments that establish refugee protection do not expressly encompass the category of climate refugees. Given this gap in the international refugee regime, this exploratory article addresses the following question: Can the principle of common but differentiated responsibilities serve as a normative basis to support the inclusion of climate refugees within the scope of international protection? Through documentary analysis and bibliographic research, the study seeks to identify the meaning and scope of international refugee treaties, as well as to explore the interpretation of the principle of common but differentiated responsibilities. In this context, it examines the Tuvalu Agreement, signed with Australia in 2023, and its paradigmatic nature, as it represents the first international bilateral instrument whose core is the granting of special visas and permanent residency for climate refugees from the island state of Tuvalu. Finally, the article analyzes the developments of the Tuvalu case in light of Rawlsian theory and concludes that the principle of common but differentiated responsibilities may serve as an ethical-legal foundation for building a new paradigm of protection for climate refugees, aligned with global justice and international cooperation.