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The Development Of The International Legal System Of Climate Change Adaptation Policies And China’s Response

Posted on:2021-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:T YangFull Text:PDF
GTID:2416330605972871Subject:legal
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The global climate change crisis has become the most important environmental crisis problem facing the whole society.Its complexity is far from being comparable to the environmental crisis issues that humans have dealt with in the past.It is not only an issue of ecological environmental protection,but also an issue of economic and social development.In order to effectively solve this global problem,the United Nations formally introduced two strategies of "mitigation" and "adaptation" to address climate change in 1992.The former is mainly aimed at reducing global greenhouse gas emissions and alleviating the current severe situation of continuous global climate change;the latter is intended to make adjustments to climate change by continuously enhancing the various adaptive capabilities of the entire human economy and society,to reduce and prevent various adverse effects of climate change on society.This article first analyzes the status and impacts of climate change,the concept of adaptation,and the need to adapt to climate change,to clarify that "mitigation"measures are not sufficient to solve the problems posed by climate change alone,and they still need the help of "adaptation" measures.Review the development process of adaptation in the international system,finding that:the issue of adaptation to climate change was initially only a subsidiary issue of mitigation.Later,the international community gradually realized the importance of adaptation and put it as important as mitigation.After the Paris Agreement,adaptation to climate change has entered a global adaptation phase.The International Climate Change Adaptation Mechanism establishes global adaptation goals,the basic principles of adaptation actions,fund and technic support mechanism,national adaptation planning,and adaptation communication.The global adaptation phase emphasizes that Parties strengthen their own adaptation actions,and through adaptation communication to strengthen the exchange of information and experience among Parties.At the same time,taking stock of the adaptation actions,capabilities and needs of each Party,promote the realization of global adaptation goals,and finally implement the global temperature control goals.Secondly,this article reviews the current situation and shortcomings of adaptive legal systems in China’s response to climate change.At present,China does not have comprehensive legislation to address climate change,and adjustments are mainly made through policy provisions in the field of adaptation.Although there are some laws that play an objective role in adaptation,their main purpose is not to adapt to climate change.In the adaptation system,there are problems such as the inadequacy of the principles and systems of the adaptation law,and the insufficient participation of departments and the public.It is necessary to learn from the international adaptation mechanism to improve China’s adaptation institutional framework for climate change.Through international legal research and reference,this article attempts to make preliminary suggestions for China’s adaptation institutional framework for climate change.By analyzing the principle of the most vulnerable groups and the principle of focusing on gender sensitivity,it is recommended to establish gender sensitivity as one of the principles that should be adhered to,and strengthen the emphasis on women’s adaptation needs and the protection of rights and interests.In order to bring China in line with the international legal system and the development trend of adaptation,this article makes a preliminary idea for the construction of China’s corresponding adaptive planning system,adaptive information disclosure system,adaptive capital guarantee system,adaptive assessment and reporting system.China should not only adhere to the concept of equalizing mitigation and adaptation in theory,but also strengthen the emphasis on adaptation in specific practice and strengthen adaptive legislation.Based on following the laws of nature and specific conditions,and summarizing international and domestic experiences,we will effectively optimize the adaptation framework system,and finally achieve the goal of reducing our country’s environmental vulnerability,improving our environmental resilience,and improving our adaptive capacity.
Keywords/Search Tags:Climate change, Adaptation, Paris Agreement, United Nations Framework Convention on Climate Change
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