Mandatory rules of international climate change law

下面为大家整理一篇优秀的paper代写范文- Mandatory rules of international climate change law，供大家参考学习，这篇论文讨论了国际气候变化法的强行规则。当代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 as a whole. Faced with the great challenge of global climate change in this century, only the status and effectiveness of some international climate change laws can 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. To reasonably define the scope of forced law in international climate change law, improve the compliance and enforcement mechanism of international climate change law, and establish the forced law status of global climate change law as soon as possible is of vital importance to solve the problem of global climate change.

The 2018 report of the United Nations intergovernmental panel on climate change (ipcc) pointed out that the minimum goal of limiting global warming below 2°C above pre-industrial levels can only be achieved if significant emission reductions are made until the middle of the century to achieve zero emissions. Delay on the part of all parties will increase the risk of climate change. Therefore, it is imperative to make the international climate change law more binding and play the role of its mandatory law.

Global climate change law refers to a series of climate change treaties, agreements and protocols with a large number of parties, covering most countries and regions of the world, and playing a general leading and guiding role. The global climate change law plays a pillar role in the process of addressing 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 (unfccc) is the core and foundation of the global legal framework on climate change. The ultimate aim of the convention is to stabilize atmospheric concentrations of greenhouse gases at levels that prevent dangerous man-made 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 the convention 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 ACTS of withdrawal and delay in the implementation, it is still an inevitable stage for the development of the rule of law in international climate change. The Paris agreement is the second comprehensive expansion and a new milestone of the global legal framework on climate change. The aim of the agreement is consistent with the fundamental purpose of the convention. The minimum target for reducing emissions in the new era is to keep the rise in global average temperature above the pre-industrial level below 2. Within c, the ideal is to limit the temperature rise to 1.5 above pre-industrial levels. C. The core mechanism of the agreement is to implement the preparation and notification of nationally determined contributions in accordance with the principle of equity and common but differentiated responsibilities, fully reflecting the principle of respective capabilities. After 2020, the agreement will be fully implemented.

After the protocol enters into force, the Bali roadmap is an important achievement of COPl3. The Bali action plan has influenced long-term cooperation 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, so the period from 2009 to 2012 was mainly to amend the protocol and pave the way for the establishment of a new round of global emission reduction mechanism. The cancun agreement, which includes a comprehensive intergovernmental package to help developing countries cope with climate change, is a further implementation of the Bali action plan. The "durban outcome" marks a turning point in the climate change negotiations, with the COPl7 agreement on an "implementation roadmap" for the post-2020 action vision. The doha amendment is designed to better facilitate the ratification of the quantitative emission reduction targets for the second commitment period of the protocol.

The Warsaw outcome was agreed on at COPl9 to form a universally binding climate change agreement by 2015. The Warsaw conference also stressed that further agendas should help the poorest countries cope with the risks of climate change, with the creation of a green climate fund by 2014 to help finance action. The Lima declaration of action states that all parties should work towards the 1.5c / 2c goal of controlling global warming and reach a new universally binding agreement on climate change under the principle of "common but differentiated and respecting respective capabilities". Since the adoption of the agreement in 2015, the parties concerned have focused on further implementation, communication and cooperation. The taranoan dialogue platform aims to create an inclusive, participatory, transparent and constructive dialogue mechanism in preparation for COP24.

Regional climate change law is a blank in the global scope, and there is no formal regional uniform climate change law in the eu, North America, Africa, China, asean and other important regions. The main reason for this blank area of international law is that regional climate change law is difficult to determine the rights and obligations of its states parties in international law. 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. Secondly, it is difficult for a significant number of countries in a region to have 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 carbon emission trading, joint implementation and financial and technical support. However, in practice, the eu adopts a uniform policy on climate change within the region rather than a form of regional international law with binding force. This choice in practice is the result of the harmonization 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 stressed that parties should timely inform each other of 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 highlights the post-2020 actions of China and the us to address climate change, and establishes the china-us climate change working group. Bilateral joint statements on climate change, including the eu-china joint statement on climate change, have emphasized bilateral cooperation on carbon emission trading capacity building, carbon market building, low-carbon city building, clean production technologies, carbon capture, utilization and storage, and low-carbon technologies in the future. Although bilateral cooperation on climate change is mostly in the form of joint statements and has no binding force, these "soft laws" can send positive signals to the world about major powers' response 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 defines the general law of compulsion: "a norm which is generally accepted and recognized by the international community as inviolable and which can be changed only by a later norm of general international law of the same nature." Originated from the concept of domestic law, "forced law" is opposite to "arbitrary law" and extends to the field of international law. In the field of state exchanges and human rights, the development of forced law has given rise to a distinct level of effectiveness in international law, and forced law also plays a core role in stabilizing international order and dealing with global issues. Although the provisions of article 53 of the convention on treaty law can be regarded as a general definition of forced law, this definition is still relatively broad and lacks clear identification criteria. For example, it is not clear whether "acceptance as a whole" means acceptance by an absolute majority or a certain percentage. "No loss and restraint" is the embodiment of the universal performance of the performance, or the formal contracting rate can 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 "phased opposition" and "consistent opposition" has become an important obstacle to establishing the mandatory legal status of global climate change law. In the Kyoto era, when annex 1 countries such as the United States, Australia and Japan objected to the protocol, the climate agreement could not be said to be accepted by the international community as a whole. Since the trump administration took office, the United States has withdrawn from several international multilateral frameworks, which makes the current international climate change law unstable. The periodic obstacles in the development of climate change law make it difficult to recognize the international 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 status of the forced law of the international climate change law has been recognized by the international community. In contrast to the development 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 been dealing with international disputes in these two areas. However, international disputes caused by global climate change are only an isolated case. Faced with such potential risks, no authoritative international organizations, such as the United Nations and the international court of justice, are willing to explain the mandatory effect of international climate change law, which is of no benefit to the vested interests of specific international institutions. Non-governmental international organizations and non-governmental organizations lack such global influence and legitimacy of the subject of interpretation. It is difficult for the international community to recognize the mandatory status of international climate change law, which also 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 believes that there are general international principles and norms beyond the will and power of the state, while the positive law school believes that international law originates from the will of the state. Recent scholars of international law in China, such as professor wang tieya and professor li haopei, clearly believe that there is international forced law and affirm its important role. In the field of traditional forced international law, diplomatic rules have developed from customary international law for a long time in history to modern practical international law. The protection of international human rights and the fight against genocide and other international crimes have developed rapidly in the context of the rapid expansion of the international law system after world war I and world war ii. This paper holds that the mandatory international law on climate change includes: first, the customary international law formed from the universal practice of uninterrupted global emission reduction; Second, the positive law with mandatory binding force in the global climate change law 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 actual international climate change law also reflects the global habit of coping with climate change and actively reducing emissions since the 1990s.

From the perspective of the nature and binding force of international law, recent scholars of international law and international relations have no doubt about the fact that international law is a law. 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. From the perspective of international public opinion and international reputation, compliance with international law is closely related to a country's international leadership and external development conditions. The long-term benefits of compliance are much higher than the short-term benefits of retaliation and sanctions. Keohane believes that both the views of scholars of international law and international relations are profound, but it is difficult to independently explain difficult problems in international issues. Therefore, complying with the mandatory international law on climate change is the fundamental way to regulate the behavior of states, maintain the international order, promote the coordination and protection of interests, and realize the international rule of law on climate change.

Compliance with international law has been widely discussed in the fields of international law, international relations, sociology and economics. With "interest" as the basis of compliance, rational choice theory and realistic instrumentalism become representative theories. On the basis of normative analysis, constructivist management process theory and transnational legal process theory become representatives. Under the current trend of interdisciplinary and theoretical integration, the compliance mechanism of international law is a compound problem. According to this paper, the basis for the observance of international law is the reconciliation and game between national interests and the common interests of the international community. The internal motivation for the observance of international law is the legal conviction of the subject of international law, which stems from the perfection of international legal construction and the formation of international rule of law. Compliance with the mandatory law on international climate change is also motivated 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 international rule of law on climate change.

There are many factors preventing the enforcement of international law. The nature of the "soft law" of international law, the non-uniformity of the international legal liability system, constraints in international relations, the lack of a unified implementation mechanism and the limited implementation capacity of international organizations are the main factors that make the enforcement of international law difficult. Fulio ceruti believes that the narrow definition of global challenges refers only to nuclear weapons and global climate change, which will cause serious damage to the global system in the foreseeable future. The enforcement of the international climate change enforcement law has become the key to solving the global climate change problem. It should be seen that the enforcement of the international climate change law has 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, then the establishment of a specialized enforcement watchdog in the field of international law, climate change, is urgently needed and realistic. The nationally determined contributions and reporting system and the global inventory and notification system established in the agreement do not touch on the compulsory implementation of international emission reduction obligations and the compulsory 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 forced law bears too many heavy costs. After the world war, slave trade, genocide, humanitarian crisis and other fundamental issues related to the survival and development of human society, international forced law developed in a lagging way. But when it comes to global climate change, the lag in international law will have a fatal impact on global development. It is urgent that the development of international climate change law should keep pace with the objective evolution of global climate change. Only by establishing mandatory rules of the international climate change law can the international community fully respond to the challenge of global climate change.

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