Document Type : Original Article
Authors
1
Ph.D. student in Public International Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.
2
Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
3
Associate Professor, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran - Associate Professor, Department of Administrative Sciences and Economics, Isfahan University, Isfahan, Iran.
10.48300/jlr.2024.424912.2492
Abstract
The volume of greenhouse gas emission and the warming of the earth's climate system have profound consequences on the global environment. Governments played an fundamental role in implementing climate change policies. It thus justifies the approach of looking the solutions to climate change from a state responsibility perspective. state responsibility in climate change mitigating will complement the treaty-based climate change regime, providing grounds for climate change mitigations and policy formulation. The ICJ stated that there are two types of state responsibility in Barcelona Traction: a state- to state duty and obligations owed to the international community as a whole. Later the International Law Commission codified the state responsibility principles in the Articles on the Responsibility of States for Internationally Wrongful Acts. States owe an obligation not to cause harm to another under the no-harm principle. There is also a due diligence obligation to prevent climate change harm. The common-but-different-responsibility principles emphasize that such duties are shared collectively by States. In this article, by inferring the general principles and new legal bases in the field of the responsibility of governments in climate change mitigating, it is argued that in addition to formulating the responsibility of governments in the form of treaties related to climate change, there is also the responsibility of climate change mitigate in customary international laws. Climate commitments, if meet the conditions of becoming customary, regardless of their acceptance or non-approval in the domestic legal system, will become binding for the governments and cause them to be responsible.
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