Challenges and Countermeasures for Integrating the Protection of Environmental Rights into Actions for Addressing Climate Change  

作　　者：秦天宝 袁野阳光 QIN Tianbao;YUAN Yeyangguang(the Research Institute of Environmental Law of Wuhan University)

机构地区：[1]the Research Institute of Environmental Law of Wuhan University

出　　处：《The Journal of Human Rights》2023年第4期869-893,共25页人权（英文版）

基　　金：This paper is a phased achievement of the 2022 judicial research major project of the Supreme People’s Court,“Research on Judicial Service to Guarantee Carbon Peak and Carbon Neutrality”(Project Approval No.ZGFYZDKT20220301);the major project of the National Social Science Foundation,“Research on Legal Regulations for Biodiversity Protection under the Overall System View”(Project Approval No.19ZDA162).

摘　　要：Climate change,which is the result of human activities,has wide-ranging impact.It poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with climate change,the right to climate stability that mainly pursues a“harmless”environment and the right to a more livable climate that pursues a“beautiful eco-environment”are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giving full play to the role of courts in responding to climate change through moderate judicial activism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforementioned difficulties.

关 键 词：actions for addressing climate change environmental rights judicial activism holistic system view 

分 类 号：D815.7[政治法律—国际关系] E0-059[政治法律—政治学]