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The Role Of International Environmental Law In Achieving Net-Zero Emissions: A Critical Analysis Of The Paris Agreement And Its Legal Effectiveness




Zaid Mohammad, Master in Public Policy, Nazarbayev University, Astana, Kazakhstan.

Anshi Mudgal, Independent Law Practitioner

Nuruddin Khan, Aligarh Muslim University, Aligarh


ABSTRACT


The world’s ecosystems, economies, and cultures are facing an existential threat due to climate change, which is accelerating at an alarming rate. The reason being is greenhouse gas. International environmental law play a vital role toward a net-zero emission globally. The Paris Agreement as the main accord of UN Framework Convention on Climate Change (UNFCCC) and this study seeks to analyze its implementation and its structural design along with legal effectiveness in achieving the net-zero goals. The analysis is collective climate governance starting in 1972 with the Stockholm Conference, then moving to the 1992 Rio Earth Summit, and including the Kyoto Protocol as well as the Paris Agreement. This raises concerns about ambition, collectiveness, enforced standards, and adequacy in meeting the 1.5°C goal of Paris agreement.


This research examines fundamental legal concepts such as Common but Differentiated Responsibilities (CBDR), ‘the polluter pays’ principle, the precautionary principle, and sustainable development in relation to the obligations under the Paris regime through comparative case studies of China, India, the US, the EU, and Kazakhstan. The study illustrates how certain official policies, development goals, and the prevailing political determination in a country impacts its climate commitments and outcomes. This study also analyzes the recent events such as the Glasgow Climate Pact of 2021 and the UAE consensus during COP28 in 2023, which for the first time called for a “just, orderly, and equitable” transition away from fossil fuels.


Research suggests that the Paris Agreement, while propelling an unprecedented level of international engagement, falls short of guaranteeing net-zero results because of the lack of legally binding emission. This is because international climate law is in need of strict compliance measures, equitable burden-sharing, robust climate financing, and perhaps, additional provisions such as an international fossil fuel treaty. The conclusion underscores the necessity of sustained political determination, technological innovation, and international collaboration to make international environmental law more robust and effective.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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