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International law on climate change

2019-09-10 来源: 51Due教员组 类别: Essay范文

下面为大家整理一篇优秀的essay代写范文- International law on climate change,供大家参考学习,这篇论文讨论了国际气候变化法。如今,国际气候变化法体系存在整体强制约束力较低的问题。面对本世纪全球气候变化的巨大挑战,只有部分国际气候变化法拥有强行法的地位与效力,才能确保全球减排行动达到预期目标。确立国际气候变化法的强行规则,存在识别与公认的困难。合理界定国际气候变化法中强行法的范围,完善国际气候变化法的遵守与强制执行机制,尽快确立全球性气候变化法的强行法地位,对解决全球气候变化问题至关重要。

The contemporary international climate change law system has the problem of low binding force. Faced with the great challenge of global climate change in this century, only some international climate change laws have the status and effectiveness of mandatory law, so as to ensure that global emission reduction actions can reach the expected targets. It is difficult to identify and recognize the mandatory rules of international climate change law. It is of vital importance to reasonably define the scope of mandatory law in international climate change law, improve the compliance and enforcement mechanism of international climate change law, and establish the mandatory status of global climate change law as soon as possible.

According to the 2018 report of the UN intergovernmental panel on climate change, the minimum goal of limiting global warming below 2°C from pre-industrial levels can only be achieved if deep cuts in emissions are made to zero by the middle of the century. Delays in action raise the risk of climate change. Therefore, it is imperative to make the international climate change law more mandatory and give full play to its mandatory role.

Global climate change law refers to a series of climate change treaties, agreements and protocols and other real international laws with a large number of contracting parties, covering most countries and regions in the world, and playing an overall guiding role. Global climate change law plays a pillar role in the process of tackling global climate change. It is the latest expansion of international law in the field of climate change. The United Nations framework convention on climate change, the core and foundation of the global legal framework on climate change, has been signed by 196 countries and one regional economic integration organization. The ultimate goal of the convention is to stabilize the concentration of greenhouse gases in the atmosphere at a level that prevents dangerous anthropogenic interference with the climate system. The convention is to follow-up the foundation of all relevant international treaties to generate and implement, especially the principle rules, fair principle, the principle of common but differentiated responsibility, national sovereignty principle, proportion principle, prevention principle, the principle of sustainable development and international cooperation principle, become the core of the level of international climate change the rule of law in essence.

The Kyoto protocol is the first comprehensive extension of the global legal framework on climate change. Annex B to the protocol sets out quantified emission reduction targets for annex I countries to reduce their total emissions of these gases by at least 5 per cent from 1990 levels during the 2008-2012 commitment period. Although the final effect of the implementation of the protocol is not satisfactory and there are some ACTS of withdrawal and delay, it is still an inevitable stage for the development of international climate change rule of law. The Paris agreement is the second comprehensive extension of the global legal framework on climate change and a new milestone. The purpose of the agreement is consistent with the basic purpose of the convention. The minimum emission reduction target in the new period is to keep the increase of global average temperature above the pre-industrial level below 2. Within c, the ideal expectation is to limit temperature increases to 1.5 above pre-industrial levels. C. The core mechanism of the agreement is to fully embody the principle of respective capabilities under the principles of equity and common but differentiated responsibilities, and to implement the compilation and notification of national autonomous contributions. The agreement, which seeks broader international cooperation by relinquishing certain coercive force and certainty, will be fully implemented after 2020.

After the entry into force of the protocol, the Bali roadmap is an important outcome of COPl3. The Bali action plan has influenced long-term cooperative activities under the convention from 2007 to 2012, including Shared vision, mitigation, adaptation, technology and financing. The Copenhagen climate conference did not produce binding legal results on climate change. For this reason, the 2009-2012 period is mainly to amend the protocol and pave the way for the establishment of a new round of global emission reduction mechanism. The cancun agreement contains a comprehensive intergovernmental package to help developing countries cope with climate change and is a further implementation of the Bali action plan. The durban outcome was a turning point in the climate change negotiations, with delegates at COPl7 agreeing on an "implementation roadmap" for action beyond 2020. The doha amendments are quantified emission reduction targets for the second commitment period of the protocol to better facilitate ratification by parties.

The Warsaw accord was agreed on COPl9 to form a universally binding climate change agreement by 2015. At the same time, the Warsaw conference stressed that further agenda should help the poorest countries cope with the risks posed by climate change, and the green climate fund should be set up by 2014 to help finance action. The "Lima declaration on action" states that all parties should make efforts to achieve the 1.5 ° c /2 ° c goal of controlling global warming and reach a new universal and binding climate change agreement under the principle of "common but differentiated and respecting each other's capabilities". Since the adoption of the agreement in 2015, the parties have focused on further implementation, communication and cooperation. The talanoa dialogue platform aims to create an inclusive, participatory, transparent and constructive dialogue mechanism in preparation for COP24.

Regional climate change laws are in a blank in the global scope. There is no formal unified regional climate change laws in the eu, North America, Africa, China, asean and other important regions. Such gaps in international law arise mainly because regional climate change laws are difficult to define the international rights and obligations of states parties. First of all, the national climate change law is based on their respective national conditions, considering its actual operation ability of domestic special laws, the vast majority of countries and area are the convention and the agreement of the parties, the two global climate deal deeply influence in domestic policy and legislation of each of the parties, the regional climate change law with universality and climate change law and national climate change law international law conflict. Second, it is hard to find a significant number of countries in a region with the will and strength to act as leaders, organizers and coordinators. Therefore, regional climate change law is conducive to improving the international climate change law system and strengthening regional cooperation, especially in the aspects of carbon emission rights trading, joint implementation and financial and technical support. However, in practice, the eu adopts a uniform policy on climate change within its region, rather than adopting the form of regional international law with binding force. This choice in practice is the result of the reconciliation of climate change policies and laws. When regional climate change legislation is difficult, climate change policies will play a positive role.

Taking China's bilateral cooperation on climate change as an example, the china-uk joint statement on climate change emphasizes that parties should timely report their nationally determined contributions and strengthen bilateral policy dialogue and practical cooperation through the china-uk working group on climate change. The china-us joint statement on climate change highlighted the actions of China and the us to address climate change after 2020, and established the china-us working group on climate change. Including the china-eu joint statement on climate change, the bilateral joint statement on climate change stressed that in the future, bilateral cooperation in carbon emission trading capacity building, carbon market building, low-carbon city building, clean production technology, carbon capture, utilization and storage, low-carbon technology and other fields will be strengthened. Although bilateral cooperation on climate change usually takes the form of joint statements without binding force, these "soft laws" can send a positive signal to the world that major countries should respond to climate change and promote the multi-tiered development of international climate change law.

Article 53 of the Vienna convention on the law of treaties provides the definition of the mandatory law of general international law: "the international community as a whole accepts and accepts as a norm which cannot be undermined and which can only be changed by later norms of general international law of the same nature." The concept of "forcible law" and "arbitrary law", which originated from the concept of domestic law, extend to the field of international law. In the field of state exchanges and human rights, the development of coercive law has given rise to a clear level of effectiveness of international law, and it also plays a central role in stabilizing international order and dealing with global issues. Although we may regard the provisions of article 53 of the convention on the law of treaties as the general definition of jus cogens, this definition is still relatively broad and lacks clear identification criteria. For example, it is not clear whether "total acceptance" means total acceptance by an absolute majority or a certain percentage. "Not allowed to damage" is to reflect the essence of universal performance behavior, or form of the rate of contracting to reach the threshold value. The convention and the agreement have been signed and ratified by most of the countries in the world, but the existence of "periodic opposition states" and "consistent opposition states" has become an important obstacle to establishing the mandatory status of global climate change law. In the Kyoto era, when annex 1 countries such as the United States, Australia and Japan disagreed with the protocol, it was impossible to say that the climate agreement was accepted as a whole by the international community. Since the trump administration took office, the United States has withdrawn from many international multilateral frameworks, which makes the current international climate change law unstable. It is difficult to identify the international law on climate change because of the obstacles in the development process of climate change law.

From the convention to the agreement of the parties to the performance situation, most countries can perform their respective obligations, that is, in fact, the international climate change law mandatory binding implied admits that some bilateral joint statement to respond to climate change, such as declaration of action is to express admit of international climate change law mandatory binding. However, the recognition of the mandatory binding force of the global climate change law does not mean that the mandatory law status of the international climate change law has been recognized by the international community. Comparing with the development situation of international human rights law and international law of the sea, the international court of justice and the international tribunal for the law of the sea have already had international judicial practice in dealing with international disputes in these two fields. However, international disputes caused by global climate change are only a few cases. Faced with this potential risk, no authoritative international organizations such as the United Nations and the international court of justice are willing to interpret the mandatory effect of international climate change law, which does not benefit the vested interests of specific international institutions. International non-governmental organizations and non-governmental organizations lack such global influence and the legitimacy of the main body of interpretation. It is difficult for the international community to recognize the mandatory law status of international climate change law, which makes global climate change governance full of twists and turns and uncertainties.

The argument of forced law theory is rooted in the opposition between natural law school and positive law school. The natural law school holds that there are general international principles and norms beyond the will and power of states, while the positive law school holds that international law originates from the will of states. Recent Chinese scholars of international law, such as professor wang tieya and professor li haopei, clearly believe that there exists international coercive law and affirm its important role. In the traditional field of international forcible law, diplomatic rules have developed from the long-standing customary international law to the modern concrete international law. The international protection of human rights and the fight against genocide and other international crimes were rapidly developed and improved in the context of the rapid expansion of the international law system after World War I and World War II. This paper holds that international climate change enforcement law includes: first, customary international law formed from universal and uninterrupted global practice of emission reduction; the second is the mandatory and binding positive part of the global climate change law, which mainly includes the basic principles of international climate change law and general rules on mitigation and adaptation actions. On the one hand, customary international law on climate change is emerging. On the other hand, the current international climate change positive law also reflects the global habit of responding to climate change and actively reducing emissions since the 1990s.

First of all, from the perspective of the nature and binding force of international law, recent scholars of international law and international relations have no doubt that international law is law. Of course, international law has different levels of legal binding force, and state ACTS are subject to international law. Secondly, from the perspective of legality, international law plays an important role in safeguarding national interests and common interests of the international community as well as good international order. Finally, from the perspective of international public opinion and international reputation, the behavior of abiding by international law is closely related to a country's international leadership and external development conditions, and the long-term benefits obtained by abiding by law are far higher than the short-term benefits obtained by retaliation and sanctions. Keohane believes that scholars of international law and international relations have profound views, but it is difficult to independently explain the difficult problems in international issues. Therefore, abiding by the international mandatory law on climate change is the fundamental way to regulate state behavior, maintain international order, promote the coordination and protection of interests, and realize the international rule of law on climate change.

The issue of compliance with international law has been widely discussed in international law, international relations, sociology and economics. Taking "interest" as the basis of compliance, rational choice theory and realistic instrumentalism become representative theories. On the basis of "norm", constructivist management process theory and transnational legal process theory are the representatives. In the current trend of interdisciplinary and theoretical integration, the compliance mechanism of international law is a complex problem. This paper holds that the basis for the observance of international law is the harmony and game between national interests and the common interests of the international community, and the intrinsic cause for the observance of international law is the conviction of the subject of international law, which comes from the perfection of international legal system construction and the formation of international rule of law pattern. Compliance with the mandatory law on international climate change is also fundamentally driven by the coordination of national interests and the overall interests of the international community in the face of the risk of climate change, and directly driven by collective action on the international rule of law on climate change.

There are many obstacles to the enforcement of international law, such as the attribute of "soft law" of international law, non-uniformity of international legal liability system, constraints of international relations, lack of uniform enforcement agency and limited enforcement ability of international organizations. Mr Seruti argues that global challenges, narrowly defined as nuclear weapons and global climate change, could wreak havoc on the global system in the foreseeable future. The enforcement of the international law on climate change is the key to solving the global climate change problem. As a matter of fact, the enforcement of international climate change law has a sufficient legal basis, but it is quite difficult to implement the enforcement in practice. If the establishment of a centralized and unified global law enforcement agency is unrealistic, the establishment of a specialized enforcement monitoring body in the field of international law on climate change is urgently needed and realistic. The national voluntary contribution and reporting system, global inventory and notification system established in the agreement do not touch on the mandatory implementation of international emission reduction obligations and mandatory sanctions of international legal responsibility for emission reduction. In the charter of the United Nations to join the global challenge oath "constitutional" provisions, the international court of justice in the case of global climate change law to force the interpretation of the nature law, set up the special climate change law court, the United Nations climate change under the framework of the council and its working group, etc., the establishment of the international climate change forced method need these visionary system design and development with the international practice.

International climate change law of the system status showed the characteristics of uneven imperfect, bilateral cooperation on climate change, soft law is difficult to play a substantial role, regional climate change law is difficult to produce, the core framework of global climate change law, lack of force effectiveness, the rules and abide by the mechanism is not sound, these unfavorable factors to effectively solve the problem of global climate change, planted hidden danger. The development of international forcible law bears too many heavy costs. After experiencing the fundamental issues concerning the survival and development of human society, such as world war, slave trade, genocide and humanitarian crisis, international forcible law develops in a lagging way. But in the case of global climate change, the lag of international law will have a fatal impact on global development. To keep pace with the objective evolution of global climate change, it is an urgent requirement based on the reality. Only by establishing the mandatory rules of international climate change law can the international community fully respond to the challenge of global climate change.

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