Author
Ms SAHELI CHAKRABORTY
Organisation/Institution
The West Bengal National University of Juridical Sciences, Kolkata
Country
INDIA
Panel
Migration
Title
Quest For Regional Co-Operation: Climate Refugees And The Legal Responses In the BIMSTEC Member States.
Abstract
Climate change has emerged as one of the most pressing challenges of current time. The phenomenon acts as a distant threat disrupting lives, livelihoods, and ecosystems in the present reality. This is most evident in the South Asian region, where the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Co-Operation (BIMSTEC) members states such as Bangladesh, India, Sri Lanka, Nepal, Bhutan, Thailand, Myanmar face mounting risks of sea-level rise, cyclones, floods, droughts, and heatwaves. These recurring phenomena have already displaced millions and threaten to create one of the largest flows of climate-induced cross-border migration globally. Yet, those forced to move because of environmental collapse remain outside the purview of international refugee law protection, trapped in a legal vacuum. The Article examines the structural gaps in existing legal and policy frameworks primarily in the seven BIMSTEC member states. It exposes the lack of the statutory framework embedded in the legal inertia in recognising such migrants as ‘Refugees’. It highlights the progressive constitutional provisions and judicial interpretation in these countries, while offering indirect protection, remain grossly inadequate in recognizing climate refugees as rights-bearers. By situating climate displacement within the context of both International Refugee law, Human Rights Law and Climate Change Law, the paper argues for regional cooperation under BIMSTEC as a necessary step toward addressing this recognition void. The analysis taken up in the article attempts to unfold the harsh reality that without legal recognition and collective responsibility, climate-induced displacement will continue to deepen social and humanitarian crises across South Asia - the BIMSTEC region.
Biography
Saheli Chakraborty is an Assistant Professor of International Law and the Director of the International Office at The West Bengal National University of Juridical Sciences (NUJS), India—one of the country’s premier law institutions. Her teaching and research span Public International Law, International Criminal Law, and International Refugee Law, with a strong focus on climate change–induced displacement and international responsibility sharing. Saheli has received fellowship from St. Louis University (USA)and has participated in prestigious academic programs, including summer schools at the United Nations University (Netherlands) and Airlangga University (Indonesia). Her scholarly work includes two edited volumes published by Springer Nature and numerous peer-reviewed articles in leading law reviews, particularly on climate refugees, international criminal law, and human rights. She has been invited as a keynote speaker, panelist, and presenter at international conferences. Her academic contributions have earned her several accolades, including the Summer Research Fellowship at St. Louis University (2025), the Best Article Award by University of Malay (2025)Kathmandu School of Law, Nepal (2022) the International Leadership Medal from Lions Clubs International (2021).
