Climate change liability in international law

Abstract

The concept of liability has been an element of international law since the early 20th century. It emanated from the rule that a state must refrain from harming its neighbours. In International Environmental law, it’s development has been slow-paced and over an extended period of time. It initially addressed the allocation of loss due to accidents, and several mechanisms were implemented for the purpose of holding States accountable for the damage which resulted from their actions. Over the past decade, there has been a call for climate justice. Climate justice puts forward the idea that those states who have contributed the most to climate change through their greenhouse gas emissions are morally obligated to mitigate the effects. It’s essentiality is prominent now that vulnerable countries, particularly those countries that have contributed least to the problem - have begun to feel the effects of climate change. Liability and responsibility of States causing damage to the climate may seem to be an attractive option. However, this must be done in light of agreements within the climate change framework. The issue of climate change has been pushed to the forefront, and States have vowed to combat this issue. The participation of States is striking, however, climate change continues to be at the centre of global issues. This thesis seeks to identify the legal opportunities for States to invoke international law in order to achieve climate justice, as well as the possibility of the current framework being able to tackle this issue on its own merit.