Science: The Theoretical Basis of International Law on Climate Change

After the issue of climate change became prominent, the theoretical basis of international law related to climate change has undergone great changes, and it is no longer dominated by the traditional theories of international law such as political science, sociology, and economics, and scientific theories have gradually gained a dominant position in relevant conventions, treaties and practices, and have become the theoretical basis of international law in the field of climate change. Science has become the theoretical basis of international law in the field of climate change through three landmark legal events: the signing of the United Nations Framework Convention on Climate Change in 1992, the Kyoto Protocol in 1997, and the Paris Agreement in 2015.

Science and the 1992 United Nations Framework Convention on Climate Change

The first legislative milestone was the establishment of the United Nations Framework Convention on Climate Change in 1992. The Convention serves as the "Climate Change Issue" of the international communitycharterFOR THE FIRST TIME, THE DOCUMENT CLEARLY EXPRESSES THE FUNDAMENTAL POSITION OF SCIENCE IN THE FORMULATION OF CLIMATE CHANGE RULES AND PRACTICAL ACTIVITIES, EMPHASIZES THE IMPORTANCE OF SCIENCE-RELATED INSTITUTIONS AND THEIR ACTIVITIES IN HUMAN RESPONSE TO CLIMATE CHANGE, AND PRELIMINARILY ESTABLISHES SCIENCE AS THE BASIC THEORY OF INTERNATIONAL LAW IN THE FIELD OF CLIMATE CHANGE. In its preamble, the 1992 Convention makes it clear that "the steps required to understand and respond to climate change can be most effective in environmental, social and economic terms only if they are based on relevant scientific, technical and economic considerations and are continuously re-evaluated in the light of new findings in these areas". Subsequently, the Convention repeatedly emphasized the foundational role of science in its text. Specifically, the Convention emphasizes the status of science in Articles 4 and 21, and the role of relevant scientific institutions in Articles 7 and 9. As described in Section 4. Subparagraph (c) of Article 2 provides that ""the best available scientific knowledge shall be taken into account in the calculation of emissions by sources and removals by sinks of greenhouse gases for the purposes of subparagraph (b) above, including knowledge of the effective capacity of sinks and the role of each greenhouse gas in causing climate change......". However, the 1992 Convention has not yet reached a pure level in establishing science as the basis of its legislation, that is, it is only preliminary, and it cannot completely break away from traditional thinking. In its preamble, the Convention stresses science and says "that action on climate change should be coordinated with social and economic development in an integrated manner so that the latter is not adversely affected, taking fully into account the legitimate priority needs of developing countries to achieve sustained economic growth and poverty eradication". It can be seen from this that the international community is still in some hesitation about the status of science as the basic theory in the Convention.

Science and the 1997 Kyoto Protocol

Another legislative milestone was the signing of the Kyoto Protocol in 1997. The formation of the Kyoto Protocol in 1997 marked the transition of the international community's response to climate change from understanding to practice, and was also another milestone in the process of science becoming the theoretical basis of international law and legislation in the field of climate change. The Kyoto Protocol is contained in Article 9. Article 1, Article 21. Article 1, following the practice of the '92 Convention, re-emphasizes the importance of science in the international community's response to climate change, including in the decision-making of relevant international norms: "The Conference of the Parties serving as the meeting of the Parties to this Protocol shall review this Protocol periodically, taking into account the best available scientific information and assessments on climate change and its impacts, as well as relevant technical, social and economic information...... On the basis of these reviews, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take appropriate action" (9. 1). The milestone of the 1997 Kyoto Protocol in the evolution of science as the theoretical basis of international law in related fields is that it has initiated various actions by the international community to address climate change, including legislation. However, in terms of this evolutionary process alone, it is only in the transition stage of ideas in this process. In aforementioned article 9. Article 1 emphasizes the status of science, which is not very certain, and at the same time, it is necessary to comprehensively consider social and economic factors, reflecting a certain degree of hesitation in ideological understanding. The outstanding contribution of the Kyoto Protocol is mainly carbon trading, carbon neutrality, or emphasizing trade and fairness. As stated in Article 2 of the Kyoto Protocol, "Parties included in Annex I shall endeavour to implement the policies and measures referred to in this Article by minimizing adverse impacts, including adverse effects on climate change, on international trade, and on other Parties, in particular developing country Parties...... Social, environmental and economic impacts ......".

Science and the 2015 Paris Agreement

The 2015 Paris Agreement is the culmination of science as the legislative rationale for international law related to climate change. In its preamble, the Paris Agreement not only begins with a clear statement, but also underlines the foundational role of science: "the recognition of the need for an effective and progressive response to the imminent threat of climate change, based on the best available scientific knowledge". It also links other major issues of concern to the international community, i.e., other issues that are also climate change issues or their ancillary issues, with climate change at its core: "Emphasizing that climate change action, response and impact are intrinsically linked to equitable access to sustainable development and poverty eradication"; recognizing the fundamental priorities of ensuring food security and eradicating hunger, as well as the particular vulnerability of food production systems to the adverse effects of climate change"; Acknowledging that climate change is a common concern of humankind, Parties should respect, promote and take into account their respective obligations with regard to human rights, the right to health, the rights of indigenous peoples, the rights of local communities, the rights of migrants, the rights of the child, the rights of persons with disabilities, the rights of the vulnerable, the right to development, as well as gender equality, women's empowerment and intergenerational equity, in taking action to address climate change". This means that when addressing climate change, these related issues should be governed and acted in a scientifically informed manner. Then, the Paris Agreement is guided by science in its second main text. Article 1 sets a more scientific goal for controlling climate change as a whole, and Article 4 sets out a specific action plan. It should be emphasized that the Action Plan emphasizes the foundational position of science, which no longer considers politics or the balance of interests, as in other international documents, but arranges actions and funds based on science for the planet as a whole and humanity as a family:" In order to achieve the long-term temperature target set out in Article 2, Parties aim to reach the global peak of greenhouse gas emissions as soon as possible, recognizing that it will take longer for developing country Parties to do so, and thereafter to use the best available science to rapidly reduce emissions in a way that links sustainable development and poverty eradication......". Since then, the Paris Agreement has continued to embody the spirit of science in its Articles 7, 8 and 14, and has set up or emphasized scientific institutions in Articles 15, 16 and 18, providing an organizational guarantee for the fundamental position of science in relevant legislation and actions.

Author's Affilications:Ecology and Environment Bureau of Dongcheng District, Beijing