Московский журнал международного права (Aug 2018)
CLIMATE CHANGE: INTERNATIONAL LEGAL DIMENSION
Abstract
INTRODUCTION. Climate change is the most important megatrend, which has a multiplier effect on the following: sovereignty of States (especially in contrast to the example of small island developing States whose territories may soon disappear – “to go under water”), forced displacement of the population both within States and outside (“environmental refugees”, “climate refugees”), increasing pressure on natural resources, increasing the number of natural disasters, desertification and water deficiency. It is possible to combat climate change only jointly at the international level and in accordance with international law. Since the problem of climate change has recently been discussed in the international field, there is an urgent need to create new instruments in international law and to adapt existing instruments. As a result of the consensus of positions of developed and developing States in 1992, the UN Framework Convention on Climate Change, then in 1997 by the Kyoto Protocol, and in 2015 – the Paris Agreement. Dozens of decisions are issued at the annual Conferences of the parties to these international agreements, which have a recommendatory force, but which have a significant impact on the maintenance of the international regime for combating the climate change. Furthermore, in various branches of international law (international human rights law, international economic law, international air law, international maritime law), mandatory and recommendatory acts are adopted to prevent climate change and adapt to the happened changes. MATERIALS AND METHODS. This study is based on a significant amount of materials, including international legal acts, recommendatory acts, national legislation of the Russian Federation, as well as modern doctrinal studies of Russian and foreign authors. The methodological basis of the research is the general methods of cognition (method of logical and systematic analysis, dialectical method, methods of deduction and induction) and specific methods of science (historical legal, comparative legal and formal legal methods, method of legal modeling and forecasting), and the method of legal forecasting. RESEARCH RESULTS. In this research the author analyzed various international mandatory and recommendatory instruments summarized the doctrinal positions of Russian and Western legal scholars and set out in domestic and foreign scientific literature, proposed amendments to Russian legislation to comply with international law in the field of combating climate change. The article summarizes the approaches under consideration and draws conclusions regarding the positioning of the Russian Federation and the United States in relation to the formation of an international legal regime for combating climate change. DISCUSSION AND CONCLUSIONS. International legal documents on combating climate change, both binding and recommendatory, are adopted in the field of international environmental law, international human rights law, international air law, international maritime law, international economic law. This shows that today there is an international legal regime to combat climate change. The combating climate change is closely interconnected with the Sustainable Development Goals (2016–2030), which should also be taken into account in the implementation of international and national law. Moreover, not only States and international intergovernmental organizations, but also non-governmental actors (large cities, TNCs, NGOs) are being called to implement the provisions of international legal instruments. It is concluded that there is a necessity to closely monitor the ongoing changes in the international field in the fight against climate change, the participation of the Russian Federation in them in order to develop their own position regarding the regulation of various issues related to combating climate change.
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