International Climate Governance: Legal and Political Obstacles to Achieving Sustainability
Автор: Saghour Hichem
Журнал: Science, Education and Innovations in the Context of Modern Problems @imcra
Статья в выпуске: 3 vol.8, 2025 года.
Бесплатный доступ
Короткий адрес: https://sciup.org/16010525
IDR: 16010525 | DOI: 10.56334/sei/8.3.51
Текст статьи International Climate Governance: Legal and Political Obstacles to Achieving Sustainability
Thirdly The Relationship Between Global Governance and Climate Change:
This relationship is based on the import?ьге of Internationa] policies to coordinate efforts: among countries Id combat climate change. Addressing this challenge requires a globally coordinated response as It affects all countries regardless of their geographic location, calling for legal and political mcctiemJsms to implement effective climate policies.
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l.l nip^CLof GEubnl Governance on Addressing ibe Climate Crisis:
* Cnnrdi nation DFlntemntiunal Pnliciet
Within the bamewoik of global governance, countries collaborate through International agreements to set goals and commitments regarding climate change. For example, the Pans Agreement .strengthens unperutiun among countries la reduce greenhouse gai emissions. In, Chis coulee Jflrgen Vogel, Vice President of The World Bank for Sustainable Development emphasized the- importance of the EPIC response Framework Im tackling climate change- challenges and managing disaster risks, stressing courdinatiDh between, hydrological risks and innovative governance approaches. Ibrahim Th law, Executive Secretary of die United Natrons Convention to Combat Desertification, also highl igjhted the rwed for proactive policies to address drought, focusing oil integrated Land use planning uud water iiuiiageineritu protect l I rose тия. vulnerable iu climate change Impacts.
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* Funding Mechanism far Ueueloplng Countries
Financial merhanisms are a core component of global dimate цл^гпапи. with dnTlupcil countries ctmunlttiiig to provide funding tu developing countries to adapt и the effects of climate change. Ar die 2024 United Nations Climate Conference (COP29), ir whs agreed to triple funding directed to devebrping, rutianx tn help protect Ilves and tivelihnndx. Additionally,, a new target was set to increase fandLug from HDD billfan annually toS3DD bilifan by 3035, with the alm. to raise it to 11.3 trillion annually by 2033 to support Mindies facing climate disasters and promote clean energy growth.
In this regard. Simon Steele; Executive Secrerny of the U N Climate Change., stated: ’This new funding target is an Insurance policy for humanity amidst the escalating climate impacts affecting every country, but like any insurance pa I icy, it only works if the premium» are fully paid and du time. Therefore, piomlses must be fulfilled co protect billions of lives."
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• Policy InipteoienLaLfan at the UM Level:
The United Nations, through bodies such as the United Nations Environment Programme (UMIlP), or^rbizes events and seminar» tn enhance ioternatiiMial cooperation on fiwiranmenUl an J climate change issues. It also works on developing mechanisms to monitor the progress of countries in achieving their climate goals. For example, it organized 42 events under the UN Framework Convention, an Climate Changed "Together Transparency" initiative, which ftMuses on enhancing transparency in national contributions and inducing emissions.
2,Challenges in the Relationship Between Global Governance and Climate Change:
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* Diverging Interests of Countries:
Developed, and developing countries often have different interests regarding climate change Issues. For instance., developing countries frequently demand funding end technology to adept to the effects of climate change, while developed countries focus on reducing emissions
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* Political Challenges;
Consequently, ft can be slated that global governance and climate change are closely linked, ал die dimate diallepgen require a globally CDurdi tinted re л рол ле through a legal and regulatory
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Second Fkrnsnd: The Interplay Between Legal and Political Policies with Environmental and Global ChuJlengej
This demand discusses how legal and political policies Influence addressing global environmental challenges such as climate change, and rhe necessity for coordination between countries tOUChirve Common enviruritiirnJkil guilds.
First; The Impact of begat Policies on die Environment:
International legal policies play a crucial role in addressing: climate change challenges by setting regulatory framewarks aimed at protecting the environment Among these policies Is the United Nations Framework Convention on Climate Change (UHFCCC^ adopted In 1992 as die primary framework for cnonbating climate change. It aims to reduce emissions and adapt tn its effects. The eojivention and the Kyoto Protocol emphasize the principle of ‘common but differentiated responsibilities" (CBDRJ, where obligations are shared among parties but consider national and regional circumstances according to Article 4(1). Mure stringent obligations apply to developed countries under Article 4(2), while developing countries receive concessions under Article d(71, with the priority on “economic and social development a ad poverty eradication" for then? countries. Despite these etlOits. much wurk remains tn achieve climate justice within the LIN process.
In addition to the Pans A give me fit. the Convention on Biological Diversity (£BD], also signed in 1992, plays J key rule in maintaining, biodiversity, ensuring the susluinuble use uf natural resources, and guaranteeing the fair sharing ul benefits arising from genetic resources. This jndurlrs appropriate measures for accessing these resources and transferring related tecboologics while respecting involved rights, along Willi providing necessary Funding to ensure Lhe elfective implementation of goals.
Second: tcgal and Political Challenge in Climate Governance:
Despite International legal frameworks to enhance cooperation In combating dtotote change, climate governance faces legal and political challenges thatimpart the effectiveness of policies. The most notable challenges include the difficulty nF implementing international agreement? due to differing economic aid political interests among countries which ohsfructe the achievenieiir of coherent and effective solutions.
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1 .Major Obstacles tsi Implementing L^gal Policies within Global Governance:
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* Differences Ln. National Interests:
Jlfvnlnjnn^ crjiinlnns, especially in the Arab nrfian, Cnee significant challenges duptn varying priorities among countries, driven by divergent eLunninic und political interest^ making it difficult to reach Elective agreements on global каин, such as climate change and sustainable development
* Inadequate Legal Frameworks
The legal system in developing countries: suffers from weak coordination between national and Internal! Orta I Institution^ which mmpticute^ the effective itn pie hie It la I Leri nJ enviranmenLal and social policies across bonders.
* Political and Economic Challenges:
Developing countncs lac* difficulties in coordinating economic and social policies, leading to incoEiiiistEnciH in oddreiuing dcvElopment isuiueic Add itKimilly, excessive military pulicLex deplete resources, hindering Investment In vital social sectors.
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■ Wejк Govern а лее and Lick at I udusive lustitutloris:
Developing countries face structural anti financial challenges 1n their governmental institution^. which impacts their ability to meet citizens’ needs and. гол tri hut er to the erosion pF trust between citizens and governments,
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• Exlkxhve Military Spending al the Expense ol SikijI Investments:
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* Disputes overFinanrial Mechanisms:
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2. Negative 'Impacts of These Challenges on Climate Governance:
Financial disputes between developed and developing countries ;йй triplicate the implementation of climate policies, as developing nations demand more support to achieve their goals.
Corruption and LdCk. ixf Transparency: Many developing Countries suffer fruin weak aiili-corruptlon measures, undermining government effective™as; negatively Impacting the social contract and hindering the implHnnnhlinii of effective policing for raiTtjinahle development,
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• Failure to Implement Commitments: Climate governance facies challenger; in Fulfilling countries' obligations due to political tensions; economic pressures; and disputes over responsibility distribution. This inaction reduces the effectiveness ofgloba] efforts to tackle oh mate change and inakdiL difficult la achieve global Climate gueb. in the longterm.
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» Doubts About the Future: Major differences between developed and developing, countries regaling climate policies lead tn Increasing doubts about the parties' commitment to fulfilling international agreement, Those doubts arts» from disparities in ocnngmic initfrosts; omission
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Therefor»! international legal policies play n vital rale in addressing environmental challenges such us dilute chaise by establishing framevrorks Tar ciKiperatiun amuiig countries. However, these policies face challenges In Implementation due co differences in Interests and disparities: betwren countries. This calk for enhanced wopcratwn and th? creation of effective пьес I unisncs far financing adaptation, projects and legislative solutions that Fit kcal conditions.
Chapter Two; Solutions and Strategies to Strengthen Global Governance for a Sustainable Future
Tills chapter presents strategies to strengthen global gust: man Ct by improving i m p I emeri Cation mechanisms and enhancing cooperation between countries and International organizations to tadde climate change challengns.
Section One: Strategies and Potential ЭДкиом to Improve GLnhal Govetmaiiee This section discusses the Importance of developing effective mechanisms for Implementing international .agreemrnJts and achieving greater coordination anuing oountries to camhat climate change In an effective and sustainable way.
First: Strengthening Implementation Mechanisms:
This involves introducing robust mtMutdripg mechanisms and enforcing binding penalties through:
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■ EiiipawemienL ^Cid Equitable HOSOurCe Allocation:
To compensate for losses In development over the past decade and achieve the 2030 Agenda goals, gnvnrnmMils should prioritise empowerment and equitable гмпигм altiKation. This requires die redistribution and fair allocation of resources to pi ornate Inclusive and sustainable development.
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• Rebuild litg Trust Between Citizens and die State;
Gru'cm mem Is must design and implement inclusive' programs aimed at empowering tiLar^inal^d and disadvantaged groups. Heal efforts in nil be Hade to rebuild trail between, citizens and the scale through enhanced transparency and institutional accountability.
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* Flglitlng Corruption and Pramod ng Transparency:
Governments should be «icourngal to Adopt proactive policies to comber corruption and public sector mi к сил duct, including establishing effective anti -corruption. тесЬил1кгп», creating independent nanonal institutions with, strong powers Ln this field, and ensuring protection for whistleblowers. Tn this context, according to Article l+2[b), the Permanent Court of Arbitration should adopt appropriate transparency rules in all proceedings related to these matters
Second: Reforming International Institutions:
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Governments should abolish discriminatory policies that negatively affect economic, political, and uncial inclusion, particularly for vulnerable groups. This requires drafting new laws based on respect for human dgbis; promoting social justice, and equality.
«Using the COVID-19 Pandemic as an Opportunity for Institutional Reform: The pnst-COVJU-19 recovery pluse, which shook the entire world, should be used to assess end reform institutional structures, пл well пл snrinl and nnnnnmic policies Effort? should he made fo St length ел the elfecdveiiess of government insLiluliuics that tin no ill Ira led weaknesses in dealing with crises during the pandemic.
Governments must shift focus from rarcssiwe military spending to social investments and human development. This transition shinlil priurilizE the well-being t>F citizens and address their expectations regard iiig. social Justice and prosperity.
* Third: Resulting Climate CiiUiige DiipUie^:
To resolve disputes related to climate change, countries should make use of the dispute resolution clause in the LINRCCC [Article 14. 2]. Article 14.Z[aJ stipulates 'submitting the dispute to the International Court of Justice,* while Article 14.2(b) provides the option for 'arbitration under procedures to be adopted hy the Conference of the Parties as soon as possible in a special аппся on arbitration." However, disputes have out yet been submitted to foe International Court nf Justice, norhavoany procedures for arbitration been adopted under Ankle 14.2(h). To break foe deadlock Parties to foe Convention should follow foe Convention's provisions and meet to adopt arbitration p raced am. The working group Cecum me nils that foe СипТегелсч! uF Lite Partial adopt the Permanent Court of Arbitration (FCA) as the preferred arbitration body.
•■Therefore, improving global climate governance requires combined efforts at both. foe institutional and Ic^bI levels. Strengthening implementation mechanisms, imposing strong overnight an countries, and reforming LnleniuLionuI inetitut ions such, as the UK and foe EU on contribute significantly to enhancing international cooperation and addressing global onvimnmontnl challenges mane effectively,
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• Section Two: Policies to Promote Oil mare Justice for Sustainable and Inclusive Development
Climate justice policies are fundamental to achieving sustainable development as they alm to disnribnite foe burdens of climate change fairly among countries and communities by adopting
* First: Climate Jill like:
The first Climate Justice Summit was held Ln 2000 Ln The Hague, Netherlands, alongside the sixth cunfene-nce nF the parties tn the- HNFCCC. It emphasized that climate change is a human rights issue. Subsequent conference and specialized organizations fa this-area followed, the most Double being the formation of the-Climate Justice Network In 2009, which adopted the slogan "Change the system, not ths climate-.* This:slogan was used by climate justice-activists ta call Гаг a change in the economic amt political systems causing climate change
* TlikiS, climate Justice is a concept that Focuses Uri achieving a lair distribution of the burdens and resources related to climate change. It holds Industrialized countries, which have historically contributed significantly tn greenhouse ДЯ5 ernis^inn^ primarily responsible far mitigating the negative effects of climate change- As pan of the global capitalist system, these countries have a principal duty to reduce emissions, protect biodiversity, and safeguard the rights □F Future generations. Climate justice is considered an ethical issue that requires radical changes in production and consumption patterns to ensure the sustainability of the planet far all.
* In this regard. David Easton defines climate justice us, according to Mary Robinson, 'Linking human rights and development to create an approach that focuses on people, protects the rights of the mast vulnerable, and shares the burdens and benefits' pF climate change and its tolntinn; in a fair and just manner.'1 Lt underscores the moral and legal principles essential far addressing climate charge Issues. Easton -also emphasizes that respecting human dignity Is the cornerstone of achieving climate pislice, as it -contributes to Fighting poverty, inequality, and violations while ensuring the mindmum level of human dignity for all individuals.
* Therefore, climate justice is essential for ensuring Ilie fair distribution id responsibilities and resources between countries, especially between developed and developing nations. It focuses on providing funding and technology tn countries suffering from the impacts of climate change, particularly the poorest, with the aim of narrowing the gap between wealthy polluting nations and those that contribute little to pollution.
Second: The Im partance af Climate Justice:
Climate change Impacts different countries unevenly. Developing nations are often more vulnerable to Its effects, despite ■contributing only marginally to global emissions Ta achieve climate justice,dimate policies should include till! following:
First: Climate Justice as a Necessity:
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It is crucial to adopt an approach based ил climate justice to support vulnerable countries and ensure human rights and sustainable development This approach should be coupled with «iliatiring transparency and education to effectively address climate challenges.
Conclusion:
From die previous discussion, it can be concluded that climate change is one of the most pressing issues threatening the stability of the environment, economy, and global security. Despite die growing global efforts Lu address this crisis, glubul gorerrLaaLe-sti.il laces complex legal and political challenges, especially due to the divergence of Interests between developed and developing тоитткв. Building л global system capable- of (arlding rh«r challenges requires того international coupe ns Li on, the development of effective legal mechanisms, and the adoption of climate policies that consider |us№eand equality among all nations.
The study ha; shown that while global JipvcnihhW has cvnlvrd m rorrnt year;, it still required fundamental reforms to enhance Its capacity to impSenrent climate agretmenis. Consequently, the International community must work together to address the legal and pollncal gaps that hinder the achievement nF sustainable development goals. Baaed on the findings, several conclusions and recommendations can be presented as follows:
First: Conclusions
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1 .Ongoing Legal and Political Challenges:
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2 .Lack of Implementation Mechanisms:
Global governance still laces significant challenges In implementing international climate agreements Lc^al gaps between developed and developing countries make the application of policies mare complicated.
There и a deficiency in international accountability mechanisms to ensure that countries □beet their Climate euniiniljnetits, leading to discrepancies In progjess toward die Paris Agreement goals.
^-Divergence o Differences in notional interest^, particularly between major and developing naLiunS, hinder effective coordination for combating climate change, making it difficult for the International community tn reach comprehensive-solutions. l .Strengthpning International Legal Mechanisms: 2.Focus an Climate Justice: 3.Strengthening Public-Private CihapejatiDn.: There should he efforts to enhance intematioiul Irjal mnchatiisuis to тптиГог climate commitments and ensure ilitlr Implementation. This could be achieved by adopting пинге effective accountability frameworks. gua г antealng actual enforcement of international agreements. It is essential tn adopt pnlicies that promote climate justice by providing financial and technological support to developing countries, helping them adapt to climate change, and achieve sustai liable development. Partnerships between governments, and the private sector should be developed to ensure massive invcstrnwils in renewable итегку and environ mental adaptation solutions. Strengthening these purtnershijni can contribute to a rapid transition to a low-carbon BOannmy. ^Promoting Climate 111 plomacy: Iris necessary to encourage climate diplomacy stall levels tn ensure coordination among₽U international parties and Create an environment of Fruitful touperariun in addressing the climate change Issue. S.Achieving Polity Integration! All countries should conunit to iulcerating environmental policies with economic and social policies to achieve effective outcomes, bn combating climate change, while consUiering the specific needs nF different nations. These recommendations are crucial to strengthening the global governance aysren^ improving international cooperation. and ensuring that countries can wort together to mitigate and adopt to the ini pacts a Fell mate ch ange-ellectivEly