The international legal responsibility of states for climate change
Climate change has far-reaching adverse consequences on eco-systems, human lives and health as well as on economic progress, so the question arises whether the state is resposible for climate change and its adverse effects or whether relevant international documents dealing with climate change (UN F...
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2018-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2018/0550-21791802749P.pdf |
| _version_ | 1828260128609009664 |
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| author | Preradović Gordana N. |
| author_facet | Preradović Gordana N. |
| author_sort | Preradović Gordana N. |
| collection | DOAJ |
| description | Climate change has far-reaching adverse consequences on eco-systems, human lives and health as well as on economic progress, so the question arises whether the state is resposible for climate change and its adverse effects or whether relevant international documents dealing with climate change (UN Framework Convention on Climate Change, Kyoto Protocol and Paris Agreement) should prescribe and define responsibility of a state (or more states) for climate change and its adverse effects which occur due to non-compliance with obligations assumed by the above-mentioned international documents. In the climate change context the primary obligation of the state is to reduce its greenhouse gass emission and thus to protect the atmosphere as the common good of all mankind. Recently increasing attention has been paid to adaptation to the adverse effects of climate change and to obligations of developed countries to assist the least developed countries and developing countries, which are at the same time the most vulnerable to the adverse effects of the climate change, when financing and implementing adaptation measures. The paper also analyzes the grounds and elements of general international liability of states for wrongful acts, as well as international customary rules - no-harm rule and due diligence standard of a country's behavior, as sources of the international resposibility of countries that violate these customary legal rules. |
| first_indexed | 2024-04-13T03:18:35Z |
| format | Article |
| id | doaj.art-9ae224a3acda424b8ea954cc1a13c0a0 |
| institution | Directory Open Access Journal |
| issn | 0550-2179 2406-1255 |
| language | English |
| last_indexed | 2024-04-13T03:18:35Z |
| publishDate | 2018-01-01 |
| publisher | University of Novi Sad, Faculty of Law |
| record_format | Article |
| series | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| spelling | doaj.art-9ae224a3acda424b8ea954cc1a13c0a02022-12-22T03:04:50ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552018-01-015227497740550-21791802749PThe international legal responsibility of states for climate changePreradović Gordana N.0University of Banja Luka, Faculty of Law, Banja Luka, Republic Srpska, BiHClimate change has far-reaching adverse consequences on eco-systems, human lives and health as well as on economic progress, so the question arises whether the state is resposible for climate change and its adverse effects or whether relevant international documents dealing with climate change (UN Framework Convention on Climate Change, Kyoto Protocol and Paris Agreement) should prescribe and define responsibility of a state (or more states) for climate change and its adverse effects which occur due to non-compliance with obligations assumed by the above-mentioned international documents. In the climate change context the primary obligation of the state is to reduce its greenhouse gass emission and thus to protect the atmosphere as the common good of all mankind. Recently increasing attention has been paid to adaptation to the adverse effects of climate change and to obligations of developed countries to assist the least developed countries and developing countries, which are at the same time the most vulnerable to the adverse effects of the climate change, when financing and implementing adaptation measures. The paper also analyzes the grounds and elements of general international liability of states for wrongful acts, as well as international customary rules - no-harm rule and due diligence standard of a country's behavior, as sources of the international resposibility of countries that violate these customary legal rules.https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2018/0550-21791802749P.pdfclimate changeinternational state responsibilitycompliance mechanism |
| spellingShingle | Preradović Gordana N. The international legal responsibility of states for climate change Zbornik Radova: Pravni Fakultet u Novom Sadu climate change international state responsibility compliance mechanism |
| title | The international legal responsibility of states for climate change |
| title_full | The international legal responsibility of states for climate change |
| title_fullStr | The international legal responsibility of states for climate change |
| title_full_unstemmed | The international legal responsibility of states for climate change |
| title_short | The international legal responsibility of states for climate change |
| title_sort | international legal responsibility of states for climate change |
| topic | climate change international state responsibility compliance mechanism |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2018/0550-21791802749P.pdf |
| work_keys_str_mv | AT preradovicgordanan theinternationallegalresponsibilityofstatesforclimatechange AT preradovicgordanan internationallegalresponsibilityofstatesforclimatechange |