Climate change is often seen only as an environmental crisis, like ice melting, rising seas, and unpredictable weather. But its impact stretches far beyond nature. Do you know it’s also a legal challenge, because nations and institutions must decide who is responsible for the damage and what obligations they carry. It’s an ethical dilemma, raising questions of fairness between rich and poor countries, and even between present and future generations. And it’s an economic issue, since the costs of rebuilding after disasters, relocating communities, and safeguarding livelihoods run into billions of dollars.
In reality, climate change touches every pillar of our global system, not just the environment.
When we look at climate justice through the lens of international law, three agreements form the backbone of the global response: the UNFCCC, the Kyoto Protocol, and the Paris Agreement. The UNFCCC, adopted in 1992, was the first step in countries coming together to acknowledge climate change as a common threat and set the goal of stabilizing greenhouse gases. The 1997 Kyoto Protocol went further by placing binding emission reduction targets on developed nations, though this also sparked debates about whether the burden was being shared fairly. The real turning point came with the Paris Agreement in 2015, where almost every country in the world committed to working together to keep global warming well below 2°C, with the hope of limiting it to 1.5°C. These milestones show how international law has gradually moved from setting general principles to creating broader, more inclusive commitments, even if the challenge of enforcement remains.
MILESTONE OF THESE AGREEMENTS
Let’s discuss it.
The United Nations Climate Change (UNCC) has been working to turn climate promises into real action, especially for the countries that suffer the most from its impacts. At COP27, it set up the Fund for responding to Loss and Damage | UNFCCC, a breakthrough step to help vulnerable nations recover from climate disasters. Building on that, COP28 introduced the Global Goal on Adaptation, aiming to make communities stronger and more prepared for future risks. UNCC has also pushed global campaigns like Race to Zero, where cities, companies, and institutions commit to cutting emissions by half by 2030. Beyond negotiations, it focuses on people through education platforms like UN CC: Learn, making climate knowledge more accessible so individuals everywhere can play their part. These efforts show that UNCC is not only shaping climate policies but also trying to make climate action fairer and more inclusive.
Kyoto Protocol, an international treaty, named for the Japanese city in which it was adopted in December 1997, that aimed to reduce the emission of gases that contribute to global warming. In force since 2005, the protocol called for reducing the emission of six greenhouse gases in 41 countries plus the European Union to 5.2 percent below 1990 levels during the “commitment period” 2008,12. It was widely hailed as the most significant environmental treaty ever negotiated, though some critics questioned its effectiveness.
Paris Agreement Key Climate Actions in Europe and Asia
The European Union has taken strong steps to fight climate change. Its Climate Law, passed in 2021, makes it legally binding to cut greenhouse gas emissions by at least 55% by 2030 (compared to 1990 levels) and to reach net-zero emissions by 2050. By 2023, the EU had already reduced emissions by 37%, mainly by using less coal, expanding renewable energy, and lowering energy use. It has also shared its long-term climate plan under the Paris Agreement and committed more than €23 billion in 2021 to help developing countries tackle climate change. The EU is also pushing to phase out fossil fuel subsidies, triple renewable energy use, and double energy efficiency by 2030.
Across Asia, many countries are also strengthening their climate commitments. Most nations in the region have submitted climate action plans (NDCs) under the Paris Agreement, with several updating them to be more ambitious. Countries such as China, India, and Laos are expanding renewable energy, while others like Cambodia, Laos, and Sri Lanka are focusing on increasing forest cover to absorb carbon. Some nations are also experimenting with carbon pricing through taxes or trading systems, though these can face political hurdles. Additionally, Asia-Pacific countries are working together through global programs like REDD+, which aims to reduce emissions by protecting forests.
Sources for the above text are: ESCAP, International Monetary Fund, Council of Foreign Relations, Asian Development Bank, European Parliament, and Council. European, Britannica, and UNFCC.
Who Holds Responsibility in Climate Justice?
1. Historical Responsibility:
When we talk about who caused most of the problem in the first place, the answer points back to Europe and North America. The industrial revolution was built on coal, oil, and massive emissions that went unchecked for over a century. These countries have already used up a large share of the world’s “carbon budget” while growing rich in the process. That’s why many argue they should now take on a heavier burden, not just by cutting their emissions faster, but also by financing adaptation and recovery in vulnerable countries. Yet the reality is more complicated. Even though the United States and the European Union are the top historical polluters, they have often been criticized for not paying their “fair share” into international climate funds.
2. Current Responsibility:
Today, the biggest emitters are not only in the West. Countries like China and India are at the top of the list in absolute emissions. But here comes the debate: their per-person emissions are still much lower compared to developed countries, and both nations argue that they are still lifting millions of people out of poverty. From their perspective, they should not be asked to slow down development when Western countries have already grown rich by polluting. The tough question is whether these emerging economies should now be held to the same level of responsibility as the West or whether they should be given more time to transition.
3. Shared Responsibility:
International law tries to balance this debate through the principle of “common but differentiated responsibilities” (CBDR), a core idea in the UNFCCC and the Paris Agreement. In simple terms, it means everyone must act against climate change, but not everyone has to do the exact same thing. Countries’ obligations are supposed to match their resources, capacity, and history of emissions. But on paper, this principle sounds fair. In reality, it often leads to clashes at climate conferences, where nations argue over how much is “fair enough.” Some demand stricter commitments from developed nations, while others stress that every country must now step up, since the crisis is worsening for all.
SOURCE:
- United Nations Framework Convention on Climate Change (UNFCCC), 1992
- Kyoto Protocol, 1997
- Paris Agreement, 2015
- International Monetary Fund (IMF) – Common but Differentiated Responsibilities (imf-climate.org)
- Council on Foreign Relations (CFR) – Global Climate Policy Explainers
- European Parliament / Consilium Europe – EU Climate Law and targets
- Britannica – Kyoto Protocol
- Le Monde & The Guardian (COP coverage) – debates on finance and responsibility
The debate on climate justice shows that no single group can carry the entire burden. Rich countries need to accept their historic role in causing emissions, while emerging economies must look for growth paths that are sustainable. At the same time, every nation has to respect its legal promises under international law. But climate justice is not just about governments. Ordinary people and communities also have a duty to push for change. At its core, climate justice is about fairness between the wealthy and the poor, between today’s generation and those yet to come, and between human needs and the planet’s survival.
The Paris Agreement mainly places obligations on states, but it also recognizes the role of individuals and communities. Through education, awareness, and participation, people everywhere can contribute to solutions. This means climate justice is not only a question of government policies—it is also about collective responsibility shared by all of us.
Article 12 of the Paris Agreement:
“Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation, and public access to information, recognizing the importance of these steps with respect to enhancing actions under this Agreement.”
(BY – AISHA AKHTAR- LAW SCHOLAR)
