A Probe Into The Solution To The Dilemma Of International Climate Negotiation

This paper takes the international climate negotiation dilemma as the research object, researches from the angle of law diplomacy, analyzes the feasibility of law diplomacy serving as the solution to international climate negotiation dilemma by summing up the situation and causes, explores the specific implementation path of law diplomacy.This paper can be divided into the following four parts:The first part, introduction. Based on the review of research status of law diplomacy and international climate negotiation, I find that there are the following drawbacks of the existing research: Study of international climate negotiations is more, but less in international climate negotiation dilemma, not to speak of the law diplomacy perspective; Most studies attach great importance to the analysis of the causes to the plight of climate negotiation, and relatively insufficient in research on measures to resolve the problems, and some of the suggested measures are too principled, therefore, the operability is not strong. The innovation of this paper lies in: the combination of law diplomacy and international climate negotiation dilemma, and explore effective strategic measures to tackle climate negotiation dilemma based on the feasibility.The second part, overview of the climate negotiation dilemma. Being the basis of the whole paper, this section mainly summarizes the performance of climate negotiation dilemma, namely the slow process and the far-from-satisfaction climate negotiation result. Analyze the causes of dilemma: firstly, the international community anarchy is the root cause; Secondly, conflicts between groups is the key(responsibility division, technical and capital support issues, etc.); Finally, the internal group dispute is an important factor. Accurately grasping of the causes of the climate negotiation dilemma is the basis and premise of effective solution to the problem.The third part, docking between law diplomacy and climate negotiation dilemma. Being one of the most important chapter, this section mainly demonstrates the feasibility of law diplomacy solving climate negotiation dilemma based on the definition of law diplomacy. Law diplomacy: its connotation is taking the law as the content, mechanism and the media in diplomacy. It’s mission is to put the concept of law and the rule of law into diplomacy, transform the diplomatic problems into legal issues. Basic requirements are forming legal thinking, approving foreign laws, cooperating to make laws, applying laws in diplomacy and establishing judicial supervision. Then, analyze the feasibility of law diplomacy solving climate negotiation dilemma. First, theoretical basis: the neo-liberal institutionalism(legal system promotes cooperation and moderates anarchy). Second, reality basis: the international rule of law is improving day by day. Third, methods: constraining the international community anarchy situation and balancing conflicts internal and between the groups. The feasibility reveals the principle of law diplomacy solving climate negotiation dilemma.The forth part, path selection of law diplomacy in solving climate negotiation dilemma. Being the finishing point,this part focuses on the implementation of law diplomacy. Formation of legal thinking is the premise; Recognition of other countries’ law is the foundation; Cooperation of laws is the primary; Application of laws in diplomacy is the key; Improvement of the judicial supervision is the guarantee.