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Essay On Climate Change Governance

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The 2009 Copenhagen Conference of the Parties to the UNFCCC epitomizes the stalling of international negotiations on climate change mitigation and adaptation. In the grim days of climate change governance, the literature tends to neglect ethical arguments on the responsibility of polluting states. Rather, it turns to a desperate thing for ‘whatever works’. It addresses the development of a discipline round an emerging regime. It reviews in particular the principled approaches of climate governance, the shift from ‘enforcement’ to ‘facilitation’ and to ‘liability’, the adaptation in the human rights, development and migration regimes, and innovative scholarship on concerning climate change. Climate change responses have impact on a …show more content…

International law has relatively little relevance for environmental law, the standard of justice revolves around the advancement of peace and respect for basic human rights. The absence of mechanisms under international law does not seem to be unjust, as it does not impinge on international peace and security or the enjoyment of human rights, at least not directly. A wide variety of positions on global justice and fairness support normative obligations for outsiders to compensate rainforest states for protecting their forests, obligations that may well have to be translated into binding law. International law should take into account, much more than is now the case, positive obligations of international solidarity, including the protection of the global commons. The classic rules of international law should not be interpreted somewhat more loosely, or even take a back seat, in the face of the global climate catastrophe which awaits us if we fail. It is noted that, in extreme situations, international law allows states to invoke the defense of necessity as a ground for precluding the wrongfulness of an act, when this is the only way for the state to safeguard an essential interest of the state or the international community. It is possible to legally justify a decision that by failing to adequately address climate change is a greater evil. As the extra-legal defense of necessity undermines the existing international legal framework, creating

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