Fiduciary Duty And Climate Governance: Challenges For Pos-kyoto Protocol Negotiations

Governments and international organizations through cooperation and consultationshould address climate change issues, the common development of mankind, althoughthere are differences worldview and values should be developed legal system acceptableto all countries.This is the international community is faced with the grim global rule of law. Is aglobal rule of law beyond the traditional sense of the concept of State law concept,aimed at a common problem faced by all mankind a new understanding of, and in theunderstanding of the basis, governments propose solutions. Although the internationalcommunity has led the United Nations, the global climate change framework law forover twenty years of practice, but after all, global climate governance and nationalenvironmental governance, does not include an effective organization might play a role,so far global climate issues facing mankind is still a problem. Therefore, the rule of lawin the global climate model studies have certain practical significance.In this thesis, the use of literature analysis, logical thinking, analytical methods toanalyze the existing "United Nations Framework Convention on Climate Change", the"Kyoto Protocol" and other international treaties, global climate change, put forward thelack of the rule of law. From theory to define the global rule of law, put forward onglobal climate change global rule of law proposals.Developed and developing countries on the different perspectives that differentiatedresponsibilities take precedence over the common responsibility of precedencedifferentiated responsibilities, made a good living environment of mankind, developedand developing countries should make concessions to solve the global rule of law needto develop the future of the global rule of law.In this paper, the total climate change in the rule of law and the legal system path,then right on climate change,"the United Nations Framework Convention on ClimateChange", the "Kyoto Protocol" rules, and the rule of law such as this legal system and legal concepts judgment, performed analysis the following innovation concepts:(1)proposed in2012, the Kyoto Protocol’s innovative concrete direction.(2) made in thefield of climate change and the need for world-scale innovation and the rule of law.(3)presented its independence of judgment is necessary.(4) proposed legislation on climatechange and innovative concept of law.(5) presented on compliance with those beyondthe scope of non-compliance, the importance of enforcing the law authorities.(6)proposed the concept of different existing legal existence of the ultimate goal of the newcoming from the point of view of climate change and the necessity of the rule of law.