The International Law Association’s Legal Principles on Climate Change and Climate Liability Under Public International Law

Abstract

In April 2014, the International Law Association (ila) adopted draft articles on the existing legal principles relating to climate change. Developed by leading legal scholars, these draft articles with commentaries formulate potential guidance to states in their joint efforts to tackle climate change and negotiate a new international agreement. The ila finds that the general principles of public international and international environmental law apply to climate change. States are under a ‘due diligence’ obligation to ensure that ghg emissions under their jurisdiction or control do not cause damage in other states or areas beyond national jurisdiction. States that violate the duty of prevention can be held liable. However, there are different obligations and rights for industrialised and developing countries. The ila’s Legal Principles Relating to Climate Change clarify and develop the relevant criteria. Overall, they mark a paradigm shift in favour of ‘victim states’ that are particularly exposed to the negative effects of climate change. As a result, the traditional beneficiaries of international charity have become creditors with legal rights.