Remedies for loss and damage caused by climate change from the dimension of climate justice

作     者：Mingde Cao Qi Wang Yu Cheng 

作者机构：CivilCommercial and Economic Law SchoolChina University of Political Science and Law 

出 版 物：《Chinese Journal of Population,Resources and Environment》 (中国人口·资源与环境（英文版）)

年 卷 期：2016年第16卷第4期

页      面：253-261页

学科分类：030109[法学-国际法学(含：国际公法、国际私法、国际经济法)] 0301[法学-法学] 03[法学] 0302[法学-政治学] 030206[法学-国际政治] 07[理学] 070601[理学-气象学] 0706[理学-大气科学] 030609[法学-涉外警务学] 0306[法学-公安学] 

主　　题：Loss and damage climate justice principle of CBDR state responsibility international environmental regulation 

摘      要：Adverse consequences to the ecological system and human health caused by impacts potentially attributable to climate change have already drawn great and widespread concern of many scientists and international ***,we still have a hard time determining exactly the impact of climate change on the environment or the damage that climate change inflicts on countries comprising small islands or low-lying lands in light of today s science and *** progress for dealing with the issue of loss and damage has been struggling for a long time from the beginning to the *** this paper,the author begins by summarizing talks on the concept and the positions of *** author is proposing that the development of future climate negotiations and rule-making process be based on global climate justice as a standard for measuring ***,the author proposes that a holistic view of climate justice be ***,three aspects of climate justice can be ***,the dimension of human rights protection shows that protection of fundamental human rights is a logical precondition if small-island and low-lying countries are able to achieve climate ***,the definite and traditional concepts of distributive justice and corrective justice hold the view that the principle of common but differentiated responsibilities should be upheld as a basic standard of allocating rights and duties associated with climate ***,climate justice requires that any state follow the no-harm principle, which is regarded as an international customary *** to the principle,the obligation of states to prevent the use of their territory for causing trans-boundary harm to the environment shall be a violation of state responsibility,which incurs international *** we put forward three remedial approaches in light of climate justice,including the approach of State Responsibility(SR) based on the principles and rules of interna