Regulating Global Climate Change: From Common Concern to Planetary Concern

Article type: Research Article

Authors: Desai, Bharat H.^{; *}

Affiliations: Jawaharlal Nehru Chair and Professor of International Law, Centre for International Legal Studies, School of International Studies, Jawaharlal Nehru University, New Delhi

Correspondence: [*] Corresponding author. E-mail: desai@jnu.ac.in.

Abstract: Since the recognition by the UN General Assembly resolution 43/53 (6 December 1988) that “climate change is a common concern of mankind” as well as adoption of the UN Framework Convention on Climate Change (UNFCCC) at the 1992 Rio Earth Summit, climate change has emerged as one of the most pressing global environmental challenges. The IPCC AR6 (April 2022) curated scientific evidence has explicitly observed that “Net anthropogenic GHG emissions have increased since 2010 across all major sectors globally.” The cumulative effect of GHG emissions appears to exacerbate the abnormal weather events, melting the polar ice caps and cause other cataclysmic climatic changes. The effects of climate change transcend territorial boundaries and continents. It has provided a normative basis for the concerted international law-making process underneath the existing UNFCCC led global regulatory regime. It designated climate change as a common concern of humankind. The resultant soft normativity has been shaped into the hard law through the trajectory of three international legal instruments that took the forms such as common but differentiated responsibilities and respective capabilities (1992 UNFCCC) to international legal commitments only for Annex I countries (1997 Kyoto Protocol) and the nationally determined commitments by the parties (2015 Paris Agreement). This study has sought to place under scanner the graded evolution of the climate change regime through the in-built law-making process premised upon a common concern of humankind. In the aftermath of the UN Secretary-General’s warning about climate emergency as part of “triple planetary crisis”, it is high time the international law scholars, the UN General Assembly and the UNFCCC regulatory process shift into the higher trajectory of climate change as a planetary concern.

Keywords: Anthropocentric era, greenhouse gas emissions, climate change, UNFCCC, common concern of humankind, international law-making process, soft normativity, planetary concern.

DOI: 10.3233/EPL-219050

Journal: Environmental Policy and Law, vol. 52, no. 5-6, pp. 331-347, 2022