Climate Justice, Human Right and Global Governance: A Legal Policy Analysis

Abstract

Climate change has transformed from environmental concern to a question of human rights, constitutionalism, global governance. Its effects are distributed between populations, states and generations, and communities that have contributed relatively less to global greenhouse-gas emissions often experience disproportionate impacts on health, livelihoods, food and water security, housing, and human dignity. This distributive asymmetry calls into question the very foundations of conventional approaches to environmental governance and raises fundamental questions of equality, responsibility, accountability and the protection of vulnerable populations. This paper explores climate justice through constitutional law, human rights and global governance in a critical way with a particular focus on India and its involvement in the international climate regime. It applies a doctrinal and comparative legal approach and analyzes constitutional provisions, legal developments, international climate instruments, human-rights norms and emerging climate jurisprudence. The paper analyzes the legal and normative importance of Common but Differentiated Responsibilities and Respective Capabilities (CBDR-RC), historical responsibility, beneficiary pays, intergenerational equity and cosmopolitan justice in determining how climate-related burdens and responsibilities should be allocated. The study of climate protection in India is focused on the constitutional relationship between Articles 14 and 21, Article 48A and Article 51A(g) and the development of environmental principles such as sustainable development, the precautionary principle, the public trust doctrine and intergenerational equity. The paper argues that the constitutionalisation of environmental protection provides a useful basis for a rights-based climate justice vision, but that there are many gaps in translating broad constitutional and international commitments to tangible, enforceable and equitable climate commitments. At the global level, the paper identifies persistent gaps in climate finance, loss and damage, participation, accountability and equitable burden-sharing. The paper concludes that climate justice should be understood not only as an ethical imperative to promote justice but as an emerging legal and governance model, based on equality, human dignity, participation in society, accountability and intergenerational responsibility. It calls for a more rights-based and justice-oriented climate governance model that will promote better state and corporate accountability, protect vulnerable communities, address historical and structural inequalities and safeguard future generations’ interests.