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The phenomenon of climate change: a legal challenge by the International Community

  • Identification data

    Identifier:  TFG:533
    Authors:  Julio Sales, Didac
    Abstract:
    In this EOG has proceeded to study thoroughly the international legal regime of climate change in order to determine what effect is causing global warming on Earth, from data empirically contrasted by scientists and experts in the field, analyzing the legal instruments adopted by the international community to mitigate and prevent its devastating impacts, and specify the features that should meet a future international agreement to address this untenable situation. This study has found that the phenomenon of climate change is unequivocal and has produced its consequent global warming, which produces a number of effects like the icy surface of the planet has been losing volume, sea level has risen, etc. Both this global warming and its associated climate change is a global problem mainly due to human activity. The United Nations has not been inactive to combat this phenomenon and its consequences and created two legal instruments which form the basis of the current legal regime of climate change, the Framework Convention of the United Nations Climate Change and the Kyoto Protocol. However, the adoption of these instruments has not been an easy task, so that in practice many of the international texts adopted are minimal and ineffective. To combat climate change and its devastating effects, the future legal instrument to adopt a comprehensive system should be established through equity, it should strengthen solidarity between developed States and developing States, must impose mandatory its rules and penalties in cases of non-compliance by states, and exploiting synergies of policies in other areas to make a common front against climate change.
  • Others:

    Education area(s): Dret
    Department: Dret Públic
    Entity: Universitat Rovira i Virgili (URV)
    Confidenciality: No
    Subject: Canvis climàtics-Aspectes legals
    Project director: Borràs Pentinat, Susana
    Work's public defense date: 2015-05-25
    Creation date in repository: 2016-01-28
    Language: Català
    Academic year: 2014-2015
    Student: Julio Sales, Didac
  • Keywords:

    climate change
    international community
    legal instrument
    Juridical sciences
  • Documents:

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