The Legal Philosophy Study On Climate Justice

Climate change is not only a geophysical phenomenon,but also an ethical and political issue.As a global crisis across countries,no country can stay out of it.Climate governance needs a global solution,and the consensus between countries based on justice is a prerequisite for reaching a solution.Climate change is mainly caused by human activities,that is,large-scale greenhouse gas emissions produced in the process of industrialization,which is unjust.Ulrich Brand's imperialist way of Life reveals and criticizes this:developed countries bring the global environment into crisis through unlimited occupation of resources and massive emissions of pollutants.At present,the countries and regions most affected by climate change tend to bear the least responsibility for climate change,and the dislocation of "perpetrators" and "responsible persons" is related to climate justice.Therefore,the language of justice and the principle of fairness should be recognized in climate governance laws in order to better protect the most disadvantaged countries and individuals in climate change.The dilemma of climate justice is mainly reflected in the fuzziness and uncertainty of the principle of climate justice in the UNFCCC and the lack of binding force of the climate governance mechanism.First of all,as a specific provision of the principle of climate justice in the United Nations Framework Agreement on Climate,the text of the principle of common but differentiated responsibilities is vague,and developed and developing countries each make explanations that are beneficial to themselves.developed countries emphasize "common responsibility" and developing countries emphasize "differentiated responsibility".Secondly,the weak binding mechanisms of the Kyoto Protocol and the Paris Agreement cannot guarantee the parties' fulfilment of their commitments.Behind the vagueness and weak restraint mechanism of the principle of climate justice is the political uncertainty of the international climate game under the sovereign state system.Governments often sacrifice common interests for the sake of national interests.According to Olson's dilemma of collective action,the group needs strong constraints or incentives to encourage individuals to take the initiative to promote collective interests,and these two mechanisms are not yet covered by the UNFCCC.The realization path of climate justice has three corresponding aspects.First of all,redefine the principle of common but differentiated responsibilities,which is no longer suitable for the governance mechanisms of the "Paris" era for both developed and developing countries in the "Kyoto" era.differentiated responsibility can be interpreted as proportional responsibility to adapt to the current climate governance model of independent contribution,while focusing on the reallocation of technology and funds.Secondly,strengthening the restraint mechanism of global climate governance requires the establishment of a special climate court and supervision mechanism,as well as a supporting penalty mechanism for breach of contract.Finally,in the face of the political uncertainty of the climate governance system,the common human identity under the concept of a community with a shared future for mankind transcends national and cultural boundaries,providing a solid foundation for reaching a consensus on climate justice,thus dispelling political uncertaintyAfter the United States withdraws from the Paris Agreement,China should adhere to the correct concept of national justice and interests,have the courage to assume the responsibility of great powers,adhere to the principle of common but differentiated responsibilities,actively implement its emission reduction commitments,promote global climate cooperation,strengthen South-South cooperation,and speak for developing countries;and innovate climate cooperation models through the "Belt and Road Initiative" plan to benefit developing countries along the r oute and promote the realization of climate justice.On the one hand,the realization of domestic climate justice needs to learn from the experience of global climate governance,and common but differentiated responsibilities are also applicable between domestic developed and backward areas;on the other hand,domestic climate governance has its own unique advantages.the overall planning of climate governance at the national level is more authoritative.The realization of domestic climate justice needs legislative protection,speeding up the legislative process of the Climate Change Law,clarifying the principles of climate justice,taking the lead in reducing emissions in developed areas,and setting up a climate compensation mechanism for backward areas.