A Study On The Effectiveness Of International Legal Regime

There are many international legal regimes in the globalization of law toresolve specific issues. International legal regime is not only an extension of theconcept of the rule of law in international relations, an international rule of lawgovernance model for the governance of global issues or transactions. Internationallegal regime for some solutions to global problems has played a huge role, but it isalso highly controversial, especially the issue of the validity of the international legalregime. This article is to analyze the effectiveness of the international legal regime,and with the climate change of international legal regime for the study sample toelaborate the concept and the basic elements of international legal regime, to definethe effectiveness of international legal regime connotation. Tried to put forward thestandard measure of its effectiveness, and analyzed the factors affecting theeffectiveness on the climate change of international legal regime. In order to furtherenrich the general theory and verify that the standard measures of the effectiveness ofinternational legal regime.It pointed out that the international legal regime means what is formed in theinternational field with some legally binding international norms, rules anddecision-making process. The legal nature and the legal effectiveness of thesenormative systems, provide the basis of rationality and legitimacy of internationalmechanisms, and for the constraints of international behavior and internationalrelations, and governance on global issues and concerns. There are three basicelements of a complete international legal regime. From the causes, there must havesome certain ideas and legal principles to play a guiding role for the internationallegal regime. From the existence of the formal, there must have some internationalconventions, protocols, declarations and other forms of international legal documents that require the rights and obligations of various actors. From the operation process,there must have the appropriate decision-making mechanisms, enforcementmechanisms and dispute settlement mechanisms. Ensure the effective operation of theinternational legal regime.We have to sort out and interpret the theoretical debate about the effectiveness ofinternational legal regime from the theory of international regime and legal theory.Combine with the theoretical debate about the effectiveness of the international legalregime. We point out that the effectiveness of the international legal regime on theone hand refers to the actual results of the implementation of the mechanism duringoperation. Impact on the degree of international behavior and solve global problemsthrough the legal means. On the other hand, the effectiveness of international legalregime refers to the binding of an international legal mechanism on the internationalmain. Previous analysis of the basic elements and the effectiveness of defined ofinternational legal regime. The author proposed to measure the effectiveness ofinternal standards and external standards. The internal standards of the internationallegal regime mainly refers to the regime in the form consistent with its basic elements,and it has the corresponding sound decision-making mechanisms, enforcementmechanisms and dispute settlement mechanisms. External standards of theinternational legal regime include the numbers of States Parties to accept aninternational legal regime, State party’s recognition of an international legal regime,and the conversion degree of international legal mechanisms for domestic law.It means to achieve the emission reduction targets of the greenhouse gas. In thefield of international relations of the climate change, the international subjects whoformulate and approve a series of legally are binding international norms, rules anddecision-making process. The main contents include the following three aspects ofinternational legal mechanisms on climate change: first of all is the philosophy andlegal principle of international legal regime related to climate change. The second isthe international legal document about international legal regime for climate change.Finally, the decision-making mechanism enforcement mechanisms and disputesettlement mechanisms run by the international legal regime on climate change. Thevalidity issue has become a bottleneck in the practice and development of international legal regime of climate change. The author collates and summarizes theeffectiveness of international legal regime on climate change the current situation,points out that there are four of the main factors affecting its validity and analyzesthem. They include the legislation in the form of the Framework Convention–Protocol, the flaws of compliance mechanism design, national power, interests andideas on the effect of implementation and states parties to the domestic law of themechanism of response.