The United Nations Security Council's Legislative and Enforcement Powers and Climate Change (original) (raw)
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The UN Security Council and Climate Change: From “Cold War” to “Warming War"
Padjadjaran Journal of International Law, 2019
The impacts of climate change around the world have become global concern at both national and international level. A broad scheme of international cooperation to mitigate their impacts has been engaged through several international legal frameworks. However, such efforts are considered insufficient to stem the consequences and causes of climate change. It is therefore important to examine a proper legal enforcement mechanism for the climate change issues. This paper thus starts with explaining the scope and definition of climate change and sees whether it has correlation with the security issues. It is followed by examining the authority of the UN Security Council (UNSC) vested in the UN Charter and observes whether it has authorisation in enforcing the climate change issues. Although, as a result of its examination, this article finds that UNSC mechanism widen possible measures in enforcing climate change's issues rather than other existing mechanisms under international law, it still suggests that UNSC mechanism shall only be used as a last resort after the other enforcement mechanisms are exhausted.
Ius et Scientia, 2024
The paper addresses some questions that climate change raises for international law. It focuses in particular on the request for an advisory opinion submitted by the United Nations General Assembly to the International Court of Justice (ICJ) on 29 March 2023. This request is analysed as a further manifestation of the international community’s concern to clarify the international responsibility of states to prevent, mitigate and remedy the damage caused by climate change. The study argues that the ICJ could clarify obligations under existing treaties. There may also be a particular opportunity for the Court to expand its jurisprudence on other sources of international law. In particular, it asks whether the ICJ could confirm the emergence of a specific customary rule on the issue.
The Legal Analysis of the Role of Paris Agreement in Development of State Responsibility and Sustainable Practices in International Climate Change Law Analytical Review, 2020
The rapid change in the planetary climate became one of the most relevant challenges for the 21st century.2 Increasing temperature levels are affecting almost all spheres of life and endangering political, economic, social and civil security. In the unstable realities, without proper management, cooperation and implementation of effective solution climate change provokes increased economic struggles, international and local political pressure (threatening peace and security) and puts human rights at a higher risk of violation.3 Urgent actions for climate change adaptation and associated risks mitigation has been declared as the 13th Sustainable Development Goal Agenda for 2030 by the UN General Assembly Resolution.4 At the same time, international law has failed to an effective attribution of responsibility of the states to take action for the sake of adaptation by the Kyoto Protocol. In 2015, during the Conference of the Parties to the UN Framework Convention for Climate Change (UNFCCC) in Paris 196 countries signed the Paris Agreement (PA) for keeping the planetary temperature degrees not higher than 2 degrees Celsius.5 The treaty came into force a year later, but has captured attention of researchers due to uneven legal nature and enforceability with regards to the effectiveness of the adoption. This paper describes the elements of concern, issues the presupposition of the PA and argues the aspects of the latest within the system of international climate change law, studies the correlation between the legal mechanisms and efficacy of the PA, compares and challenges the concepts developed within the document in the context of international climate law. Through the analysis of the concepts developed or neglected within the UN Climate Change Framework, the paper discusses the material and procedural state obligations, their practical effects on the situation. Relying on the Republic of Kazakhstan example, paper issues the practical domestic attribution to the state responsibility within the Agreement and compares the existing approaches to the management of climate change in international law. Paper proves the problematic aspects of climate change regulation and for maintaining peace and security, it also offers to provide complex urgent solution put into action, challenging the international law.
The United Nations Security Council has held two debates on climate change. The first in April 2007 was an open debate about the relationship between energy, climate, and security under the chairmanship of the United Kingdom. The second debate was held in July 2011 under German leadership. Both debates revealed contrasting opinions as to whether climate change should be regarded as a security threat, and the Council did not pass a resolution on either occasion. Nevertheless, a statement issued by the President of the Security Council in 2011 suggests that the Council may be edging closer to assuming a lead role in the global response to climate change. This possibility raises several questions, which will be considered in turn. First, it must be determined whether climate change fits within the appropriate scope of subject matter of concern to the Council. Second, the type of action the Council might take if it were to make a decision must be considered. Third, it must be assessed whether a more decisive role for the Council in climate change governance would likely be effective in reducing the international security threat posed by global warming.
The Role of the United Nations in Mitigating Global Climate Change
Russian Law Journal
The United Nations Framework Convention on Climate Change (UNFCCC) is an international treaty established in 1992 under the auspices of the United Nations. It aims to promote global cooperation in combating climate change and adapting to its impacts. The UNFCCC sets out a framework for countries to work together to stabilize greenhouse gas concentrations in the atmosphere at a level that prevents dangerous human interference with the climate system. It recognizes that the climate system is a shared resource that requires international cooperation to protect. One of the key achievements of the UNFCCC was the adoption of the Paris Agreement in 2015. This historic agreement builds upon the principles of the UNFCCC and aims to limit global warming to well below 2 degrees Celsius above pre-industrial levels, while pursuing efforts to limit the temperature increase to 1.5 degrees Celsius. It also emphasizes the need for countries to enhance their adaptive capacity and support developing n...
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The Role of the UN Human Rights Council in Addressing Climate Change
This article discusses recent developments related to recognition of the link between human rights and climate change in international human rights forums. It focuses on the main human rights body of the United Nations, the Human Rights Council, which has addressed climate change in three resolutions, two panel discussions and at its annual Social Forum. The analysis shows that the main challenge faced by the Human Rights Council as it seeks to address climate change is getting to grips with the relationship between international human rights law on the one hand and the principles of the United Nations Framework Convention on Climate Change (UNFCCC) on the other. The article argues that this relationship is best captured through quasi-judicial analysis, in which input from those whose human rights are affected by climate change is sought. It identifies concrete ways in which the Council could promote or enable such analysis through the adoption of a further resolution. More broadly, it demonstrates the capacity of the international human rights system to interpret laws aimed atpreventing dangerous climate change and to contribute to their operationalisation in accordance with international human rights law.