Evolving Frameworks of International Law in Addressing Global Climate Change

Abstract

International law serves as a cornerstone for global cooperation in addressing climate change, offering a cohesive legal foundation for mitigation and adaptation efforts. This paper explores the historical evolution and contemporary dynamics of international climate law, emphasizing key milestones, the 1972 Stockholm Conference, the 1992 Rio Earth Summit, and the establishment of the United Nations Framework Convention on Climate Change (UNFCCC). It further analyzes the progression from the Kyoto Protocol’s binding emission reduction commitments for developed nations to the Paris Agreement’s flexible and participatory framework based on Nationally Determined Contributions (NDCs) and the “pledge-and-review” mechanism. This transition signifies a paradigm shift toward a polycentric model of governance that engages both state and non-state actors. The paper also examines the growing intersection between international climate law and other legal domains, particularly Human Rights Law, which underscores state obligations to safeguard fundamental rights, life and health from the impacts of climate change. Moreover, the emergence of climate litigation has become a transformative force, shaping legal norms, reinforcing accountability, and promoting principles like intergenerational equity and the duty of care. Despite notable progress, international climate law continues to grapple with persistent challenges, including the limits of state sovereignty, vague treaty language, and weak enforcement mechanisms. The principle of common but differentiated responsibilities (CBDR) remains central to debates over fairness and burden-sharing between developed and developing nations. Looking forward, strengthening global climate governance through enhanced compliance systems, technological integration, and adaptive legal frameworks is essential to ensure an equitable, inclusive, and resilient international response to the escalating climate crisis.