EU Border Tax Adjustments and Climate Change: Reaching Consensus within the International Legal Context

摘要

Under international law, the duty to stabilise anthropogenic GHG emissions within sustainable limits, i.e., an increase in global temperature below 2° Celsius, is an obligation of collective result. It primarily relates to the value of sustainable development, protects a common good of humankind and is logically peremptory. The practice also acknowledges that the obligation to curb anthropogenic GHG emissions is a general duty. The large states" adhesion to the UNFCCC, the Kyoto Protocol and the Copenhagen Accord in the absence of persistent objections as well as the ICJ case law demonstrate the universal compelling value of the behaviour at issue.