Authored By: Habtamu Workineh
Arsi University
Abstract
Climate pollution represents one of the most serious global challenges of the twenty-first century, posi1ng significant threats to ecosystems, public health, and fundamental human rights. Its impacts are not evenly distributed; rather, they disproportionately affect vulnerable and marginalized communities, thereby raising profound concerns of environmental justice. This article examines the role of law in addressing climate pollution through international environmental and human rights frameworks. It analyses key international treaties, legal principles, and landmark judicial decisions, with particular focus on climate change litigation, to assess how law can be used as a tool for accountability and protection. Adopting a doctrinal and analytical approach, the study relies on international conventions, judicial precedents, and scholarly literature. The article argues that effective and enforceable legal mechanisms are essential for advancing environmental justice and safeguarding the climate as a shared global heritage. It concludes by emphasizing the need for stronger enforcement, inclusive policymaking, and a rights-based approach to climate governance.
Introduction
Climate is fundamental to human life and survival. It sustains ecosystems, supports livelihoods, and shapes the well-being of present and future generations. Just as individuals naturally seek to protect their own bodies and families, humanity bears a collective responsibility to safeguard the climate system that sustains all life on Earth. However, increasing levels of climate pollution— primarily caused by greenhouse gas emissions from industrial activity, fossil fuel consumption, and deforestation—have significantly disrupted this balance, placing human health, dignity, and survival at serious risk.¹
In the contemporary legal landscape, climate pollution has emerged as one of the most pressing global concerns. Its impacts are no longer speculative or distant but are increasingly visible in the form of rising global temperatures, extreme weather events, melting glaciers, sea-level rise, and widespread environmental degradation. These consequences are felt most acutely by vulnerable populations, including children, indigenous communities, low-income groups, and future generations, who often contribute least to climate pollution yet suffer its gravest effects.² As a result, climate pollution is now widely recognized not merely as an environmental issue, but as a matter of environmental justice and human rights.
The international legal response to climate pollution has evolved gradually over several decades. The Stockholm Declaration of 1972 marked a turning point by formally acknowledging the human responsibility to protect and improve the environment.³ This was followed by the Rio Declaration on Environment and Development in 1992, which introduced foundational principles such as sustainable development, intergenerational equity, and common but differentiated responsibilities.⁴ Building upon these principles, the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol, and the Paris Agreement have sought to establish a global framework for mitigating climate change through collective action and cooperation.
Against this backdrop, this article examines the role of law in addressing climate pollution through the lens of environmental justice. It seeks to analyse how international legal instruments, judicial decisions, and environmental law principles contribute to regulating climate pollution and protecting vulnerable groups. The article argues that robust and enforceable legal frameworks are essential to ensuring accountability, fairness, and the protection of the climate as a shared global heritage.
Research Methodology
This article adopts a doctrinal and analytical research methodology. Primary sources include international treaties, declarations, and judicial decisions related to climate change and environmental protection. Secondary sources consist of scholarly books, journal articles, and reports from international organizations. The study analyses legal texts and case law to evaluate the effectiveness of existing legal mechanisms in addressing climate pollution and advancing environmental justice. A limited comparative perspective is also employed to highlight emerging global trends in climate governance.
Legal Framework Governing Climate Pollution International Environmental Law Instruments
International environmental law provides the principal legal framework for addressing climate pollution. The UNFCCC, adopted in 1992, represents the cornerstone of global climate governance. It recognizes climate change as a common concern of humankind and obliges states to take measures to stabilize greenhouse gas concentrations in the atmosphere.⁵ Although the UNFCCC establishes general obligations, it does not impose binding emission reduction targets.2
The Kyoto Protocol of 1997 sought to operationalize the UNFCCC by introducing legally binding emission reduction commitments for developed countries. While it represented a significant step forward, its effectiveness was limited by the absence of obligations for developing countries and the withdrawal of major emitters.3
The Paris Agreement of 2015 marked a shift in approach by requiring all parties to submit nationally determined contributions (NDCs) and pursue efforts to limit global temperature rise to well below 2°C.⁷ Importantly, the Paris Agreement emphasizes equity, transparency, and participation, thereby aligning climate action with environmental justice concerns.
Climate Change and Human Rights Law
The relationship between climate pollution and human rights has gained increasing recognition in recent years. Climate change threatens a range of internationally protected human rights, including the right to life, health, food, water, and an adequate standard of living.⁸ International human rights bodies have acknowledged that environmental degradation caused by climate pollution can amount to a violation of these rights, particularly where states fail to take preventive measures.
Judicial Interpretation and Climate Litigation Urgenda Foundation v State of the Netherlands
One of the most significant developments in climate change law is the rise of climate litigation. A landmark case in this regard is Urgenda Foundation v State of the Netherlands.⁹ In this case, a Dutch environmental organization, along with citizens, challenged the Dutch government’s inadequate climate policies. The Supreme Court of the Netherlands held that the state had a legal duty to reduce greenhouse gas emissions in order to protect the right to life and the right to private and family life under the European Convention on Human Rights.
The Court ordered the government to reduce emissions by at least 25% compared to 1990 levels, emphasizing that climate change poses a real and immediate risk to human rights. This decision is significant because it demonstrates how courts can use human rights law to impose concrete climate obligations on states, thereby advancing environmental justice.
Emerging Judicial Principles
Judicial decisions in climate cases have reinforced important legal principles such as the precautionary principle, intergenerational equity, and state accountability. Courts have increasingly recognized that governments have a duty to protect not only present citizens but also future generations from the harms of climate pollution.¹⁰ These developments highlight the judiciary’s growing role in filling gaps left by legislative and executive inaction.
Critical Analysis
Despite notable progress, existing legal frameworks face several limitations. International climate agreements often rely on voluntary commitments and lack strong enforcement mechanisms. As a result, state compliance remains inconsistent. Moreover, access to climate justice is uneven, as marginalized communities frequently lack the resources to pursue litigation.¹¹
Climate pollution also raises questions of distributive justice. Those who have contributed least to greenhouse gas emissions often suffer the most severe consequences. Legal frameworks must therefore move beyond emission reduction targets and address issues of equity, participation, and compensation. A justice-oriented approach requires integrating social, economic, and human rights considerations into climate law and policy.
Comparative Perspective
Courts in other jurisdictions have similarly begun to engage with climate change. In Leghari v Federation of Pakistan, the Lahore High Court recognized climate change as a constitutional issue and directed the government to implement its climate policy.¹² Such cases demonstrate a global judicial trend toward recognizing climate obligations as enforceable legal duties, reinforcing the potential of law as a tool for environmental justice.
Findings and Observations
The analysis reveals that law plays a crucial role in addressing climate pollution, particularly through international cooperation and judicial enforcement. Climate litigation has emerged as an effective mechanism for holding states accountable and advancing environmental justice. However, the effectiveness of legal responses depends on strong enforcement, political will, and inclusive participation.4
Conclusion
Climate pollution poses an existential threat to humanity and the natural environment. Law has a vital role to play in regulating harmful activities, protecting human rights, and ensuring environmental justice. International treaties, national legislation, and judicial decisions collectively form a framework capable of addressing climate challenges, but significant gaps remain. Strengthening enforcement mechanisms, adopting a rights-based approach, and ensuring the participation of vulnerable communities are essential steps toward fair and sustainable climate governance. Protecting the climate as a shared global heritage is not only a legal obligation but also a moral imperative for present and future generations.
Reference(S):
1. Stockholm Declaration on the Human Environment 1972.
2. Rio Declaration on Environment and Development 1992.
3. United Nations Framework Convention on Climate Change 1992.
4. Kyoto Protocol to the UNFCCC 1997.
5. Paris Agreement 2015.
6. Universal Declaration of Human Rights 1948.
7. International Covenant on Economic, Social and Cultural Rights 1966.
8. Urgenda Foundation v State of the Netherlands [2019] ECLI:NL:HR:2019:2007.
9. Leghari v Federation of Pakistan PLD 2015 Lahore 522.
10. Stockholm Declaration on the Human Environment 1972, UN Doc A/CONF.48/14/Rev.1.
11.Rio Declaration on Environment and Development 1992, UN Doc A/CONF.151/26/Rev.1.
12.United Nations Framework Convention on Climate Change (UNFCCC) 1992.
