Triple logic of the localization of climate justice:norm,value,and function
Against the backdrop of the judicialization transformation of global climate governance,China′s judicial system has shown a comprehensive and positive attitude towards addressing climate change.It is urgent to form a systematic localization plan for climate justice as a new specialized field of environmental justice.The localization of climate justice emphasizes its subjectivity,the under-standing of which requires placing the concept system,function orientation,trial mechanism,adjudication system,and rules of climate justice in the specific background and social structure of the modernization of China′s rule of law,and its internal logic is a dynamic system encompassing normative system,value sequence,and function orientation.Currently,the multi-level legislation in China′s sys-tem of climate judicial norms presents indirect and principled characteristics,coupled with the insufficient creation of diversified judi-cial norms and the unfinished task of systematization,inducing circumscribed dilemmas and coherent problems in climate judicial norms.Under such circumstances,the identification and core value of the legal interests protected by climate justice have not been clearly defined,and many external factors,such as scientific uncertainty,policy trade-offs,and economic incentives,limit the value judgment of climate change cases.These issues profoundly affect the function orientation and development direction of climate justice as public welfare and governance justice.Therefore,the approaches and paths for the localization of climate justice should be based on the triple logic of norm,value,and function as well as the problems or requirements presented.Firstly,it is necessary to strengthen the shaping of an order incorporating multiple norms.The specific path is to promote the systematization of climate change legislation through the synergy of public and private laws,to consolidate consensus by strengthening secondary climate judicial norms,and to en-hance the compatibility of the climate judicial normative system using diversified legal interpretation methods.Secondly,there is a need to establish the authority of legal argument with interests as the core,to strengthen the substantive reasons of the judgment by assessing carbon-related interests,to reinforce the openness of the judgment through the multi-dimensional protection of climate and environmen-tal interests,and to enhance the authoritative reasons for the judgment through the balance of external and legal factors.Finally,it is necessary to shape the dual functions of climate justice precisely,with the principle of risk prevention to build preventive public inter-est climate justice and policy judicialization to build governance climate justice that serves the'dual carbon'goals.
climate justicelocalizationclimate judicial normative systemlegal argumentclimate judicial function
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维普
