Reshaping the International Legal Responsibility System for Global Climate Governance through Carbon Peak and Carbon Neutrality
The existing international legal responsibilities for nations in global climate governance,based on both unlawful acts and the absence of prohibitive conducts,are insufficient.The responsibilities of a nation's government towards its domestic citizens for climate governance cannot be regarded as a global climate governance obligation.There is an urgent need to establish a national responsibility mechanism in international law that adapts to global climate governance.The construction of such a mechanism should prioritize the fundamental goal of achieving climate justice.The core principles of justice and equality,safeguarding the right to survival for nations,regions,and individuals,should take precedence over development priorities.Violating the"international obligation to limit the temperature increase to 1.5 degrees Celsius"results in international responsibility for global climate governance.The fulfillment of this obligation constitutes the"common responsibility"of the international community,meeting the constitutive elements of customary international law,and arising from obligations generated through international cooperation.The realization of carbon peak and carbon neutrality goals depends on the effective collaboration of the international community,necessitating the establishment of legal obligations for international cooperation in global climate governance,including pre-cooperation and post-cooperation obligations.Nations failing to fulfill these international cooperation obligations should bear national preventive responsibility,national preventive-compensatory responsibility,or national compensatory responsibility.This tiered system of national responsibility for climate governance accommodates the interests of all nations.It is not a punitive mechanism but a legal consequence of international cooperation games.It is relatively easy to implement and effectively encourages nations to actively fulfill international obligations for carbon reduction cooperation and preventive responsibilities.This system helps address flaws in the international carbon market,promoting the effective realization of international mandatory carbon reduction goals.China should actively engage in international cooperation for global climate governance,advocating for the transformation of international cooperation in the field of global climate governance into international obligations.
carbon peak and carbon neutralityclimate governancepreventive responsibilitycompensatory responsibilityinternational cooperation obligation
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