On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea
{"title":"On the obligations of states to respond to climate change and China’s legal consequences: based on the advisory opinion in case no. 31 of the international tribunal for the law of the sea","authors":"Wanping Zeng, Guihua Wang","doi":"10.3389/fmars.2024.1468210","DOIUrl":null,"url":null,"abstract":"IntroductionClimate change presents a critical global challenge, requiring states to develop and implement robust legal and policy frameworks. The 2024 Advisory Opinion issued by the International Tribunal for the Law of the Sea (ITLOS) in Case No. 31 highlights the legal obligations of states under the United Nations Convention on the Law of the Sea (UNCLOS) to address climate change, emphasizing the role of the marine environment in this context.MethodsThis study conducts a comprehensive analysis of the Advisory Opinion and examines its implications for China’s existing climate change legal framework. The analysis identifies key challenges, including expanded legal responsibilities, the harmonization of international law with domestic legislation, and the increased risk of international climate litigation for domestic enterprises.ResultsThe Advisory Opinion establishes a higher standard for China’s legislative response to climate change, necessitating the integration of its international obligations into its domestic legal framework. Key findings reveal gaps in China’s current legal system and emphasize the need for proactive measures to align with international standards.DiscussionTo address these challenges, the paper proposes several recommendations: developing a comprehensive legal framework for climate change, reinforcing due diligence obligations, establishing a robust climate monitoring and assessment system, and enhancing the capacity of domestic enterprises to handle international climate litigation. These measures aim to position China as a proactive contributor to global climate governance.ConclusionThe study provides valuable insights for advancing China’s climate change law and aligning it with the international legal framework. The proposed measures serve as essential guidance for China to assume greater responsibility and influence within the global climate legal system.","PeriodicalId":12479,"journal":{"name":"Frontiers in Marine Science","volume":"45 1","pages":""},"PeriodicalIF":2.8000,"publicationDate":"2025-01-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Frontiers in Marine Science","FirstCategoryId":"99","ListUrlMain":"https://doi.org/10.3389/fmars.2024.1468210","RegionNum":2,"RegionCategory":"生物学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"MARINE & FRESHWATER BIOLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
IntroductionClimate change presents a critical global challenge, requiring states to develop and implement robust legal and policy frameworks. The 2024 Advisory Opinion issued by the International Tribunal for the Law of the Sea (ITLOS) in Case No. 31 highlights the legal obligations of states under the United Nations Convention on the Law of the Sea (UNCLOS) to address climate change, emphasizing the role of the marine environment in this context.MethodsThis study conducts a comprehensive analysis of the Advisory Opinion and examines its implications for China’s existing climate change legal framework. The analysis identifies key challenges, including expanded legal responsibilities, the harmonization of international law with domestic legislation, and the increased risk of international climate litigation for domestic enterprises.ResultsThe Advisory Opinion establishes a higher standard for China’s legislative response to climate change, necessitating the integration of its international obligations into its domestic legal framework. Key findings reveal gaps in China’s current legal system and emphasize the need for proactive measures to align with international standards.DiscussionTo address these challenges, the paper proposes several recommendations: developing a comprehensive legal framework for climate change, reinforcing due diligence obligations, establishing a robust climate monitoring and assessment system, and enhancing the capacity of domestic enterprises to handle international climate litigation. These measures aim to position China as a proactive contributor to global climate governance.ConclusionThe study provides valuable insights for advancing China’s climate change law and aligning it with the international legal framework. The proposed measures serve as essential guidance for China to assume greater responsibility and influence within the global climate legal system.
期刊介绍：
Frontiers in Marine Science publishes rigorously peer-reviewed research that advances our understanding of all aspects of the environment, biology, ecosystem functioning and human interactions with the oceans. Field Chief Editor Carlos M. Duarte at King Abdullah University of Science and Technology Thuwal is supported by an outstanding Editorial Board of international researchers. This multidisciplinary open-access journal is at the forefront of disseminating and communicating scientific knowledge and impactful discoveries to researchers, academics, policy makers and the public worldwide.
With the human population predicted to reach 9 billion people by 2050, it is clear that traditional land resources will not suffice to meet the demand for food or energy, required to support high-quality livelihoods. As a result, the oceans are emerging as a source of untapped assets, with new innovative industries, such as aquaculture, marine biotechnology, marine energy and deep-sea mining growing rapidly under a new era characterized by rapid growth of a blue, ocean-based economy. The sustainability of the blue economy is closely dependent on our knowledge about how to mitigate the impacts of the multiple pressures on the ocean ecosystem associated with the increased scale and diversification of industry operations in the ocean and global human pressures on the environment. Therefore, Frontiers in Marine Science particularly welcomes the communication of research outcomes addressing ocean-based solutions for the emerging challenges, including improved forecasting and observational capacities, understanding biodiversity and ecosystem problems, locally and globally, effective management strategies to maintain ocean health, and an improved capacity to sustainably derive resources from the oceans.
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