Problems And Implementation Of Global Climate Rule Of Law

Global climate rule of law is derived from global governance and international rule of law.It includes not only the process of global climate governance by legal method,but also the vision of global climate governance to achieve the goal of rule of law.It is the globalization of the rule of law and the legalization of global climate governance.As a legal method,global climate rule of law is confronted with the disadvantages of global climate law governance,such as lack of participation under hard laws,lack of enforcement after soft laws,and difficulty in implementing “soft and hard”rules.As a yardstick of the rule of law,global climate rule of law is faced with the realistic difficulty that its goal is a long way to go.The global climate rule of law includes two aspects: good international climate law and good global climate governance.It requires normative values and social goals that are in line with humanism,sustainable development and harmonious co-progress,as well as clear norms and stable authority.The global climate legislation process should be open,transparent,democratic,efficient,scientific and rigorous.It should also be honest and good-faith,law-abiding,strict and effective law enforcement,and fair and convenient judiciary.However,the reality is not optimistic.On the one hand,under the current international climate laws and regulations,many countries refuse to fulfill their emission reduction commitments and adjust their energy structure.The value pursuit of harmony and common progress is difficult to implement in capital,technology,relief and other aspects,and there is a certain gap with the "international climate good law".On the other hand,the "Climategate" event caused the scientific nature of the international climate laws and regulations formed on the basis of international climate negotiations to be questioned.The Emissions Gap Report2019 shows that greenhouse gas emissions continue to grow,national commitments fall far short of the reduction targets required to meet global temperature limits,and compliance with international climate regulations is far from universal and wellintentioned.The implementation and compliance mechanism of the Paris Agreement is not yet perfect,and there is still much room for improvement in achieving "good global climate governance".The rule of law is a goal and process constantly pursued in global climate governance.In the future,the direction and pace of global climate rule of law should be clear and steady: adhere to the concept of development,advocate multilateralism and adopt gradual strategies.Exploring the ideal state and specific indicators of global climate rule of law is conducive to the realization of a new climate order of fair,just,reasonable and sustainable development.Although global climate governance as a legal method and rule of law is facing many practical difficulties,global climate rule of law is not impossible to achieve.From a macro perspective,the realization of international rule of law requires efforts at two levels,namely the guidance of ideas and the shaping of behaviors,and the realization of global climate rule of law is the same.In the global climate rule of law,due to the global advancement of climate change,a consistent national view of interests is formed;the urgency of climate change promotes the establishment of a harmonious and common national view of interests;the feasibility of green development promotes the establishment of a national view of interests of sustainable development.At the same time,the concept of community with a Shared future for mankind practices the new national climate benefit concept,making it possible to re-establish the concept of national interests.In addition,the Paris Agreement has the potential for perfection and good faith compliance.On the one hand,the Paris Agreement has room for improvement,and it will save more time and economic costs than replacing it.International practice has proved that the Paris Agreement has a tendency of continuous improvement.On the other hand,whether it is the supervision of the principles of international law that must be observed,the urgency of climate change,the promotion of the concept of a community with a Shared future for mankind or the promotion of China-led global climate governance,all make it possible to comply with the Paris Agreement in good faith.As a lofty and beautiful ideal and a long-term goal of dynamic development,the global climate rule of law is obviously impossible to be achieved overnight under the current international legal order.The realization of the global climate rule of law requires the diverse interaction and joint efforts of a wide range of countries,international organizations,non-governmental organizations,enterprises and individuals in the international community.As the "Archimedes’ point" to move the rule of law,the realization of global climate rule of law must be based on the concept and behavior of the country.Ideologically,we should guide the country to establish the correct concept of interests,integrate the concept and value pursuit of humanism,harmonious co-development and sustainable development into the concept of the country,and make it become the consideration factor of the national interest,and guide the country to establish the humanism of the national climate interest concept.To establish a humanist view of national climate interests requires countries to correctly understand the strategic position of climate issues,conform to the international development trend,and participate in the construction of a community with a shared future for mankind.It is necessary for international organizations to guide the international community to form a scientific understanding of the urgency and severity of climate change,so as to promote the international community to reach a consensus on "global common climate interests",and to promote the formation of a humanist national view of climate interests based on common interests.The need for NGOs to reach a "bottom-up" consensus on the global common climate interests(climate community)at the public level;Enterprises need to influence national policy choices and preferences through their own actions,and individuals need to use their own influence to help the country correctly understand and define national climate interests,so as to promote the country to establish a humanist view of national climate interests.The climate system should be perfected step by step to regulate and shape the national behavior,and ensure that the country runs in the rational track.This requires countries to participate independently,comprehensively and actively in the design and operation of the international climate regime and to strengthen climate policy support at home.The role of international organizations in the formulation,improvement,implementation and administration of international climate law and regulations is needed;Non-governmental organizations,enterprises and individuals are required to propose,draft,supervise and evaluate international climate laws and regulations,and urge countries to properly abide by international climate laws and regulations.Only in this way can the global climate rule of law be transformed from an ideal into a reality.Although the global climate rule of law still has a long way to go and still faces a series of major challenges,the international community remains firmly and unswervingly committed to moving away from power politics and towards the rule of law.This is also the goal and value orientation that countries,international organizations and Non-Governmental organizations should strive for.Therefore,it is an inevitable choice for all international climate actors to step forward to the global climate rule of law step by step.