Global Glimate Governance Of Politics And The Rule Of Law

The problem of global climate governance is an environmental problem and a rule of law.In fact,it is a political and legal question.Climate Governance is not only concerned with climate change itself,but also the problem of how the planning of the whole climate governance system itself is defined and how obligations are allocated and implemented.In practice,global climate governance is one of the areas with the highest degree of rule of law in global governance.Through the restriction of international law and international treaties,a relatively complete set of rule of law frameworks has emerged in the field of Climate Governance to solve relevant political problems.This more mature framework is the framework of the United Nations climate convention,which is the core of the three texts of the United Nations Framework Convention on climate change,the Kyoto Protocol,the Paris climate change agreement(The Paris Agreement,hereinafter referred to as the Paris agreement).As a responsible great country in the global governance system,China is trying to promote a more rational and democratic global governance order for coping with climate changes.Guided by the idea of the community of human destiny,China will continue to promote the process of the rule of law in the field of global climate governance.It provides a new choice for the world's international law system that hopes to integrate into the Global Climate Governance and maintains its own independence.It also contributes to China's wisdom and provides a Chinese plan for solving the problems of human beings.Besides the introduction,this dissertation is divided into four chapters.The first chapter discusses the three perspectives of the global climate governance concept before the signing of the Paris agreement.The three perspectives are consisted of the perspective of common but differentiated responsibilities and capabilities,it's clear that the developed countries should bear the responsibility of historical emissions,the emission reduction has compulsory obligations,and the developing countries do not undertake compulsory emission reduction obligations.the perspective of individual rights that is emphasized that carbon emission distribution should protect the basic rights of individuals as individuals,and to form an inter state emission reduction scheme through total population aggregate.The perspective of low carbon competition believed that developing the lowcarbon economy,the backward countries will realize the curve overtaking in the energy upgrading,and gain competitive advantage in the future energy industry and long-term development.The second chapter discusses the global climate governance system before the signing of the Paris agreement.To begin with it,we analyzed the global climate governance system which is based on Kyoto protocol system.The process of developing the right of global governance in developing countries has been combed.Then,we analyzed the respective positions of the umbrella group which is led by the United States,the European Union and the developing countries before the Paris climate conference,headed by the United States national umbrella group negative coping,although the European Union strongly promote the transformation of the global climate,but incompetent,developing countries adhere to the "total area principle",but the position is weakening,its internal differentiationThe third chapter discusses the logic of the Paris agreement.This part introduces the basic contents of the Paris agreement,the governance mode by transforming from bottom to top,the dynamic development of the "common zone principle" and the improvement of implementation of the global climate governance system.The fourth chapter discusses the practice of the human destiny community under the global climate governance.We will introduce the basic content of Paris agreement;"the reform of the governance mode from bottom to top",that is no longer in the form of attachment strict distinction between the developed country parties and developing country parties,but by the national commitment to national contribution form,instead of "Kyoto Protocol" overall emission reduction scheme under the system of "Dynamic Development Zone principle;" that is,compared to the "Kyoto Protocol" system under strong regulation of emission reduction standard mode,"the Paris agreement" is actually a kind of countries respectively declare emission reduction targets and emission reduction steps of the protocol machine system;"Paris agreement" through the mechanism design,improve the performance of global climate governance system.Finally,by looking forward to the post Paris era,we could evaluate how China promotes the transformation of the global climate governance system under the guidance of the human destiny community.We sorts out the leading ideology of global governance: Realism and Neoliberal Institutionalism,and briefly explains its failure in the field of Climate Governance,thus introducing the concept of A Community of Shared Future for Mankind.Then combedthe Paris climate conference,the positive practice of the idea of the human destiny community,and the corresponding good results.Finally,the post Paris era,China,how to promote the transformation of the global climate governance system under the guidance of the human destiny community.At present,the field of global climate governance is still manipulated by the developed countries.The governance system has become a tool which is exploited by a few countries for maintaining the existing hegemony and expanding influence.The system is also used to strengthen the international hierarchy advantage since great geographical discovery.Unlike the highly hierarchical power structures of other areas of global governance,mainly with the military strength,economic strength and other "hard power" as the core of the power resources are highly concentrated,the power structure of global climate governance is more flat,its core mechanism has always been under the United Nations framework,in essence and the traditional international governance issues there is a fundamental difference.Therefore,the development and transformation of new global governance,represented by climate governance,is indicative of the major changes in the existing international order since the Cold war and the end of World War II,and climate governance as a more mature area of global governance,to study its basic structure and changes in its order in depth,Helps us understand the nature of global governance and the direction of future reform.The assertion is not only the inherent requirement of realizing the construction of ecological civilization,but also the responsibility of concentrates on building the destiny community of mankind.The Paris climate conference is an important practice of human fate principle in the field of global climate governance.Through analyzing the text of "Paris climate change agreement",we may observe that the global climate governance is undergoing profound changes and the emerging powers which is led to Chinese voice in the global governance system are increasing.It means that the overall trend of democratization and the rule of law.The community of human destinies began to move from ideas to practice and to be more widely recognized.Under this background,it is the concept of human community fate in the field of global climate governance practice and discourse construction that constitutes China actively participate in the current world ecological governance theory and Chinese discourse expression,and that becomes the mainstream which gradually replaced the dominant mode of new liberalism in global climate governance.This indicates that Chinawould probably grow into a more rational and fair world system leader,designer and active builder in the field of global climate governance.