Development of the climate change law Cover Image

Развој права климатских промена
Development of the climate change law

Author(s): Dragana Barjaktarević
Subject(s): International Law, EU-Legislation
Published by: Институт за међународну политику и привреду
Keywords: climate change law;UN Framework Convention on Climate Change;Kyoto Protocol; Paris Agreement; environmental responsibility

Summary/Abstract: Starting from numerous conferences held under the umbrella of the United Nations and conventions dealing with climate change, it is indisputable that there is a tendency towards the development of climate change laws. The regulation of this legal field requires the definition of terms, subjects, principles, and the place of the climate change law in the legal systems of states. In order to define the given terms as comprehensively as possible, a more detailed analysis of the meaning of the set of legal rules that may be included in this branch of the law is required. To this end, in the first place, the paper analyses the term climate change law and then gives a survey of the development of climate change law through consideration and analysis of international treaties intended as a global level response to greenhouse gas concentration reduction. Following this, through the analysis of the development of climate change law in the European Union as well as on the national level, the climate change law is considered not only as an international law but as an internal one as well. In connection with the law of climate change, the issue of environmental responsibility, that is, responsibility for protection from the consequences of climate change, is of great importance. In this regard, the author presented an overview of current judicial practice. At the end of the analysis, an overview of the activities, level of preparedness, and compliance of our country in the field of climate change with the legal acquis of the European Union is presented. The author concludes that regardless of existing shortcomings in state practice, states remain responsible for complying with international obligations and for continuously raising awareness of the necessity of preserving a healthy environment.

  • Issue Year: 2024
  • Issue No: 85
  • Page Range: 188-207
  • Page Count: 20
  • Language: Serbian