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The Research of the Plight of Climate Justice and the Rule of Law

Author: ZhuZuoRan
Tutor: GongWei
School: Jishou University
Course: Legal Theory
Keywords: Climate justice Plight The route of international legal LegislationEnlightenment
CLC: X321
Type: Master's thesis
Year: 2012
Downloads: 44
Quote: 0
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Abstract


In recent years, climate change is one of the most popular issues,however, climate change is not balanced characteristic, that makes the climate changeon all nations and groups is disproportionate. The most innocent, poverty and mostvoiceless country and people are suffering the most dominant negative influence fromthe climate change, this is injustice. Climate justice refers to the benefit andwell-being should be fairly allocated to all members of society, all social membersenjoy the equality rights in climate thing, regardless of race, color, gender andnationality. At the same time, all the members of the society should bear the adverseconsequences of the damage of climate,that is climate burden, when this balance isbroken, they should be restore and recovery accord to the principle of equality.Climate justice can be divided into generational justice, intergenerational justice andinternational justice.The plight of climate justice mainly includes the historical plightand the realistic plight. These plights have been mainly reflected in the internationalnegotiations which is disscussed to deal with the climate change and the agreementwhich is reached. It mainly includes the differences of the principle of responsibilityfor emissions reductions,the allocation of the emission reduction obligations andresponsibilities of greenhouse gas,technology transfer and provide financial supportand so on. The most important value of law lies in the realization of Justice,so toachieve the climate justice requires the protect of the rule of law.The principle ofcommon but differentiated responsibilities and the principles of sustainabledevelopment can promote the climate justice. Clean development mechanism, thecapital mechanism and the technology transfer mechanism are advantageous toachieve the climate justice. How to eliminate the plight of climate justice and improvethe climate change legislation is the international and the domestic problems whichshould be paid attention to. On the International legislation, it should improve theprinciples of sustainable development,at the same time,establish the cleandevelopment mechanism,the principle of common but differentiated responsibilitiesand,the capital mechanism and the technology transfer mechanism.The rapiddevelopment of Globalization and the mobility of the climate determines that the issueof climate change is not just a national problem and our country also should becontribute to it. China has a vast territory and a large differences in climate and theproblem of theclimate is complicated. Therefore, China should formulates a Act of climate change response. Legislation should reflects the measures of the greenhousegas emission reduction, the measures of adaptat the climate change and the measuresof use the greenhouse gas emission reduction and the measures of adaptat the climatechange. Our country should build the clean development mechanism in domestic law.

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CLC: > Environmental science, safety science > Administration of Environmental Protection > Environmental planning and environmental management > Regional environmental planning and management
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