Construing International Climate Change Law as a Compliance Regime
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AbstractUnder the no-harm principle, states must prevent activities within their jurisdiction from causing extraterritorial environmental harm. It has been argued elsewhere that excessive greenhouse gas emissions (GHG) from industrial states constitute a breach of this principle and instigate state responsibility. Yet, the relevance of general international law for climate change does not obviate a need for more specific international climate change agreements. This article argues that the climate regime is broadly compatible with general norms. It can, furthermore, address a gap in compliance with general international law – namely, the systematic failure of industrial states to cease excessive GHG emissions and to provide adequate reparations. As a compliance regime, the international climate change law regime defines global ambition and national commitments and initiates multiple processes to raise awareness, set political agendas, and progressively build momentum for states to comply with their obligations under general international law.
Acceptance Date01/03/2017
All Author(s) ListBenoit Mayer
Journal nameTransnational Environmental Law
Year2018
Month3
Volume Number7
Issue Number1
PublisherCambridge University Press (CUP): HSS Journals
Pages115 - 137
ISSN2047-1025
eISSN2047-1033
LanguagesEnglish-United Kingdom

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