When I finished my presentation to the committee of the Deutsche Bundesstiftung
Umwelt where I was applying for the funding of this work, a professor who sat on
the board declared: ‘Your topic doesn’t exist.’ He later clarified what he meant by
this statement, explaining that he would like if I made climate conflicts a legal topic.
His words stayed with me throughout the project. They reminded me that I had to be
both brave and creative by entering new territory while also cautious and conscientious
in order to insure that all conclusions would be relevant, substantial,
convincing, and capable of withstanding criticism. I had to tackle two areas: the
first—to establish whether climate change leads to conflict; the second—whether or
not climate conflicts entail legal relevance. Thus, on the one hand I needed to cover
the scientific bases and findings of many nonlegal researchers while on the other
hand apply different bodies of international law to a new concept, a concept that I
still cannot to this day claim with absolute certainty exists—absolute tangible
evidence is still lacking.
The logical way to proceed was to separate the term ‘climate conflict’ and apply
international environmental law to the ‘climate’ component and the relevant elements
of international law which cover conflicts to the ‘conflict’ component.
Combining these findings together and analyzing the entire concept of ‘climate
conflicts’ in the light of international law proved, however, to be most challenging.
At times it was tempting to present an easy solution to the problem. Nevertheless, I
sought, as accurately as possible, to present the hurdles that international law poses
to a straightforward application to climate conflicts. Therefore, this study does not
draw bold or groundbreaking conclusions but rather focuses on the meticulous
observation and examination of international law. My aim was to expose the legal
pitfalls regarding climate conflicts within the relevant areas of international law,
particularly because climate conflicts are a new phenomenon. That said, the analysis
also explores all possible side doors for an analogous application of international
law to climate conflicts. In the end, a great deal of writing, research, and study
were spent on a topic that allegedly does not exist.