International Legal Protection for the Climate: A Critical Analysis of the Kyoto and Paris Agreements and Implementation Mechanisms

Abstract

The world is witnessing increasing impacts of climate change caused by industrial activities and greenhouse gas emissions, threatening ecological balance and negatively affecting human and other life forms. This research explores the international legal framework for climate protection, providing an in-depth analysis of key international agreements such as the 1992 United Nations Framework Convention on Climate Change (UNFCCC), the 1997 Kyoto Protocol, and the 2015 Paris Agreement. The study focuses on evaluating the legal provisions of these agreements and their efficiency in compelling countries, especially major industrial nations, to reduce emissions and adhere to sustainable development.

The significance of this research lies in identifying the shortcomings of agreed international enforcement mechanisms and the weak integration between national and international legislation, which hinders the achievement of climate objectives. The study also examines the role of international organizations, such as the UN Security Council, in addressing climate change as a threat to global peace and security, and the role of international courts in promoting state accountability for climate pollution.

The findings highlight that while international agreements provide a robust legal framework, they lack clear and effective binding mechanisms. The study recommends the establishment of a specialized international agency to monitor climate commitments and enhance international cooperation. It also advocates for amending withdrawal clauses in agreements to ensure continuity of obligations.

This research makes a significant contribution to understanding the legal challenges of climate protection and emphasizes the need for a more comprehensive and binding legal approach to achieve long-term environmental sustainability.