Approaches to the legal regulation of climate rights and obligations in Russia and abroad

 
PIIS199132220031574-7-1
DOI10.61205/S199132220031574-7
Publication type Article
Status Approved
Authors
Occupation: Acting Head of the Department of Environmental and Agricultural Legislation, leading researcher
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Russian Federation, Moscow, B. Cheremushkinskaya str., 34
Abstract

The article discusses the problems of protecting climate rights, possible ways to establish climate rights and obligations in Russian legislation. The purpose of the article is to develop scientifically based approaches on the possibility of consolidating the climate rights and obligations of citizens and other legal entities in Russian legislation.

To achieve this goal, it is necessary to solve the following tasks: to study Russian legislation, legislation of foreign countries, legal literature, judicial practice on the establishment and protection of climate rights; to establish the relationship between environmental and climate rights and obligations; preparation of proposals for the normative consolidation of climate rights and obligations in the legislation of the Russian Federation.

The following methods were used in the research: methods of analysis and synthesis, comparative legal method, formal legal method.

The authors come to the conclusion that the absence of enshrined climate human rights in the legislation of foreign countries does not prevent their judicial protection at the national and international levels.

There are several options for establishing climate rights and obligations in the legal system of the Russian Federation: establishment of climate rights as a new type of human rights (everyone's right to a favorable climate); the inclusion of the climate component in the concept of the right to a favorable environment and the obligation to protect the environment; the inclusion of the climate component in other constitutional human rights (the right to life, the right to housing, the right to health protection); establishment of the climate responsibility of public authorities to take technologically feasible and economically sound measures to reduce greenhouse gas emissions and adapt to negative climate changes.

The article identifies seven challenges affecting the establishment of climate rights and obligations: the transboundary nature of climate change, the inertial nature of climate change, in which the climate system slowly reacts to changing factors of influence, including the level of greenhouse gas emissions, the amount of responsibility for non-fulfillment of commitments at the international level, responsibility for personal carbon footprint, climate migration, vulnerability of certain categories of the population (women, children, indigenous peoples), climate justice.

KeywordsClimate change, human rights, a favorable environment, adaptation to climate change, the Paris Agreement, environmental rights and obligations, the right to a favorable environment, human rights protection, climate legislation, climate lawsuits
Received11.07.2024
100 rub.
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