Legal status of sustainable development principles and climate change responsibilities under the Paris Agreement

Resumo

The paper analyses how and to what extent, climate change mitigation and responsibility mean, and should be, influenced by principles of sustainable development law. In trying to understand the issue of climate responsibilities under the Paris Agreement, a doctrinal research methodology, also known as the desktop or no -empirical research method is used. The method relies more on the analysis of ordering and arranging legal instruments, and case laws through rational deduction or legal perception. Accordingly, the paper argues that the normative character of the principles of sustainable development and their recognition as principles and use in binding international treaties form part of international law and policy in the field of sustainable development and these principles have generated obligations and rights for state parties and are able to make state parties liable of internationally wrongful acts. Unlike previous studies that rely on analysing the nationally determined contributions as the basis on which state international climate responsibilities may be asserted, this paper provides a different focus by analysing climate responsibilities through the principle of sustainable development. Particularly, because the Agreement gives promises to hold increases in global temperatures and increase adaptation to climate impacts but did not set binding commitment for state parties. Instead, it welcomes the UNGA Resolution A/RES/70/1 on the global Sustainable Development Goals and acknowledges that when taking action on climate change, states must respect, promote and consider their human rights obligations and recognize the importance of taking national sustainable development priorities into account.