Retrospection of the International Court of Justice's Climate Change Advisory Opinion Case:Obligation Generation,Liability Determination,and Compliance Claims
The advisory opinion of the International Court of Justice on climate change may respond to the value demands of small island countries based on substantive and procedural climate justice.The international community has long been concerned about the damage caused by climate change in small island countries,and the advisory opinion issued in this regard may shape the obligation to the world based on intergenerational equity,which will have an impact on the judicial practice of climate litigation between countries.Although the advisory opinion of the International Court of Justice does not have mandatory legal effect for the parties involved,it still carries international judicial authority.Countries around the world have further elaborated on the judicial implementation process of climate rights interpretation tools,with the International Maritime Court advisory opinion case,regional human rights court rulings,and domestic judicial precedents as the main thread.The International Court of Justice's advisory opinion on climate change will also provide soft law guidance for the improvement of the Paris Agreement's compliance accountability mechanism and clarify the legal application of the Climate Convention.China should promote the construction of international climate laws and global climate governance to regulate or regulate climate litigation strategies,abandon climate unilateralism,climate barriers,and the adverse consequences of geopolitical games.Within the framework of the Global Development Initiative,China should uphold climate justice and strengthen the multilateral consensus reached by the climate community in the vision of a"carbon peak and carbon neutrality"order.
International Court of Justice Advisory Opinion CaseClimate ResponsibilityEmission Reduction ObligationsCompliance MechanismEntity Climate Justice
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