The Legal Nature of the Climate Change Regime: Fluctuation between 'Lex Lata' and 'Lex Ferenda'
International law is faced with the challenge between lex lata and lex ferenda in nature. Lex lata, based on legal positivism, has binding obligations and a top-down compliance structure, while lex ferenda, on the contrary, is based on non-binding values and bottom-up adherence architecture. Determi...
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| Format: | Article |
| Language: | English |
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Ubiquity Press
2023-04-01
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| Series: | Utrecht Journal of International and European Law |
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| Online Access: | https://account.utrechtjournal.org/index.php/up-j-ujiel/article/view/603 |