Has the International Climate Regime Failed and Missed Its Purpose? Loss and Damage and Human Rights Perspective

Abstract

In recent years, as the impact of climate change has become increasingly serious, the international climate change regime has been accused of failure and is considered to have deviated from its original goals. This article analyzes the rationality of the above view from the perspectives of loss and damage and human rights protection. In terms of dealing with loss and damage, the international climate change regime has established a preliminary framework to address this issue and has increased the attention of countries to loss and damage. However, it is not practical enough. Developed countries evade historical responsibility and are unwilling to deal with it separately from mitigation and adaptation. At the same time, there is a lack of funds and it is unable to support the effective operation of relevant mechanisms. In terms of human rights protection, the climate regime has established a basic protection framework and provided a basis for climate litigation. However, there is a lack of specific implementation clauses and sufficient legally binding force, and it has achieved little in solving problems such as insufficient public participation, inadequate protection of the rights and interests of vulnerable groups, and climate migration. In summary, although the international climate change regime has made some progress in the legislative framework, it has almost failed due to insufficient practical operational capacity and it is difficult to achieve the expected goals. In the future, it is urgent to further refine the implementation rules, strengthen the mandatory nature of relevant laws, and provide sufficient and stable financial support for mechanisms such as loss and damage, so as to promote substantial breakthroughs in climate governance.