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On The Precautionary Principle In The Post-Kyoto Protocol Era

Posted on:2021-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:M Y WanFull Text:PDF
GTID:2506306497962189Subject:International law
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Climate change has been an important global environmental issue in recent years.The global scientific community agrees that the Earth's atmosphere is warming at an unprecedented rate due to human activity.The United Nations Intergovernmental Panel on Climate Change(IPCC),an international intergovernmental body established in 1988 to study climate change,which considers that the potential effects of climate change have negative effects on the human environment and predicts that global warming will lead to significant physical and social changes in the global ecological environment,including,but not limited to,more frequent changes in rainfall and temperature,further expansion of runoff due to the melting of continental ice sheets,increased frequency and intensity of extreme weather events,increased acid rain,increased forest fires and the expansion of tropical pathogens and pollution of the living environment,These changes will pose a real threat to the survival and development of mankind.Inadequate drinking water and irrigation water,for example,can lead to thirst and famine problems,or to reduced agricultural productivity due to temperature,rainfall or pest patterns,as well as an increase in the incidence of malaria and other diseases,,ultimately,a major shift in patterns of human migration.Given the potentially serious consequences of climate change,countries have successively introduced more stringent environmental laws,used environmental protection measures to conserve energy,used market mechanisms to regulate the use of ecological resources,sought the competitive advantage of countries,established international environmental agreements such as the United Nations Framework Convention on Climate Change,the Kyoto Protocol and the Paris Agreement,and established scientific research institutions,such as IPCC,aimed at scientific investigation and demonstration of the causal relationship between human activities and global warming.The energy and resources available on the earth are limited and far from meeting the needs of rapid human development.Climate change is both an environmental and a development issue,and ultimately a development issue.Climate change policy and legislation is an important means to deal with climate change as implemented by countries and regions of the world,and has a wide range of international commonalities.According to data from the United Nations Framework Convention on Climate Change and relevant international energy agencies,some progress has been made in assessing the reduction of greenhouse gas emissions in the Kyoto Protocol,but it has not been able to fully meet the requirements of global climate governance transformation.For example,conflicts of interests of various countries and unbalanced development of globalization may hinder the implementation of the United Nations Framework Convention on Climate Change.Therefore,this article will make a comparative analysis of climate change policies and legislation in other countries and regions such as the United States,the European Union,and Japan,and draw on some successful experiences,which will have a positive significance for improving China's climate change policies and legislation.The principle of risk prevention is a basic legal principle that is widely used in international environmental law.To study the specific theory and relevant practice of the principle of risk prevention in the international legislation of climate change is an important issue in contemporary international law to coordinate the collective actions of countries.The protection of the human atmospheric environment and the rational use of climate resources are of great value.This article summarizes relevant research abroad,formulates relevant judicial interpretations of problems that may arise after the institutionalization of the principle of risk prevention,or existing problems to improve relevant legislation,takes specific measures in the process of widespread use,and finally puts forward suggestions and countermeasures.
Keywords/Search Tags:United Nations Framework Convention on Climate Change, Kyoto Protocol, Environmental problems, Risk Prevention Principles
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