On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea
IntroductionClimate change presents a critical global challenge, requiring states to develop and implement robust legal and policy frameworks. The 2024 Advisory Opinion issued by the International Tribunal for the Law of the Sea (ITLOS) in Case No. 31 highlights the legal obligations of states under...
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Frontiers Media S.A.
2025-01-01
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| Series: | Frontiers in Marine Science |
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| Online Access: | https://www.frontiersin.org/articles/10.3389/fmars.2024.1468210/full |
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| author | Wanping Zeng Wanping Zeng Guihua Wang Guihua Wang |
| author_facet | Wanping Zeng Wanping Zeng Guihua Wang Guihua Wang |
| author_sort | Wanping Zeng |
| collection | DOAJ |
| description | IntroductionClimate change presents a critical global challenge, requiring states to develop and implement robust legal and policy frameworks. The 2024 Advisory Opinion issued by the International Tribunal for the Law of the Sea (ITLOS) in Case No. 31 highlights the legal obligations of states under the United Nations Convention on the Law of the Sea (UNCLOS) to address climate change, emphasizing the role of the marine environment in this context.MethodsThis study conducts a comprehensive analysis of the Advisory Opinion and examines its implications for China’s existing climate change legal framework. The analysis identifies key challenges, including expanded legal responsibilities, the harmonization of international law with domestic legislation, and the increased risk of international climate litigation for domestic enterprises.ResultsThe Advisory Opinion establishes a higher standard for China’s legislative response to climate change, necessitating the integration of its international obligations into its domestic legal framework. Key findings reveal gaps in China’s current legal system and emphasize the need for proactive measures to align with international standards.DiscussionTo address these challenges, the paper proposes several recommendations: developing a comprehensive legal framework for climate change, reinforcing due diligence obligations, establishing a robust climate monitoring and assessment system, and enhancing the capacity of domestic enterprises to handle international climate litigation. These measures aim to position China as a proactive contributor to global climate governance.ConclusionThe study provides valuable insights for advancing China’s climate change law and aligning it with the international legal framework. The proposed measures serve as essential guidance for China to assume greater responsibility and influence within the global climate legal system. |
| format | Article |
| id | doaj-art-a5064ec2171a4345a35fe2232f951fb0 |
| institution | Kabale University |
| issn | 2296-7745 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | Frontiers Media S.A. |
| record_format | Article |
| series | Frontiers in Marine Science |
| spelling | doaj-art-a5064ec2171a4345a35fe2232f951fb02025-01-15T11:30:35ZengFrontiers Media S.A.Frontiers in Marine Science2296-77452025-01-011110.3389/fmars.2024.14682101468210On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the seaWanping Zeng0Wanping Zeng1Guihua Wang2Guihua Wang3Department of Atmospheric and Oceanic Sciences, Fudan University, Shanghai, ChinaShanghai Key Laboratory of Ocean-Land-Atmosphere Boundary Dynamics and Climate Change, Fudan University, Shanghai, ChinaDepartment of Atmospheric and Oceanic Sciences, Fudan University, Shanghai, ChinaFujian Key Laboratory of Severe Weather, and Key Laboratory of Straits Severe Weather, China Meteorological Administration, Fuzhou, ChinaIntroductionClimate change presents a critical global challenge, requiring states to develop and implement robust legal and policy frameworks. The 2024 Advisory Opinion issued by the International Tribunal for the Law of the Sea (ITLOS) in Case No. 31 highlights the legal obligations of states under the United Nations Convention on the Law of the Sea (UNCLOS) to address climate change, emphasizing the role of the marine environment in this context.MethodsThis study conducts a comprehensive analysis of the Advisory Opinion and examines its implications for China’s existing climate change legal framework. The analysis identifies key challenges, including expanded legal responsibilities, the harmonization of international law with domestic legislation, and the increased risk of international climate litigation for domestic enterprises.ResultsThe Advisory Opinion establishes a higher standard for China’s legislative response to climate change, necessitating the integration of its international obligations into its domestic legal framework. Key findings reveal gaps in China’s current legal system and emphasize the need for proactive measures to align with international standards.DiscussionTo address these challenges, the paper proposes several recommendations: developing a comprehensive legal framework for climate change, reinforcing due diligence obligations, establishing a robust climate monitoring and assessment system, and enhancing the capacity of domestic enterprises to handle international climate litigation. These measures aim to position China as a proactive contributor to global climate governance.ConclusionThe study provides valuable insights for advancing China’s climate change law and aligning it with the international legal framework. The proposed measures serve as essential guidance for China to assume greater responsibility and influence within the global climate legal system.https://www.frontiersin.org/articles/10.3389/fmars.2024.1468210/fullChina’s climate legislationmarine environmental protectionlegal obligationsadvisory opinionsclimate changelegal responses |
| spellingShingle | Wanping Zeng Wanping Zeng Guihua Wang Guihua Wang On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea Frontiers in Marine Science China’s climate legislation marine environmental protection legal obligations advisory opinions climate change legal responses |
| title | On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea |
| title_full | On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea |
| title_fullStr | On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea |
| title_full_unstemmed | On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea |
| title_short | On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea |
| title_sort | on the obligations of states to respond to climate change and china s legal consequences based on the advisory opinion in case no 31 of the international tribunal for the law of the sea |
| topic | China’s climate legislation marine environmental protection legal obligations advisory opinions climate change legal responses |
| url | https://www.frontiersin.org/articles/10.3389/fmars.2024.1468210/full |
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