International Law Association Declaration of Legal Principles Relating to Climate Change

The Declaration of Legal Principles Relating to Climate Change embodies draft articles proposed by the International Law Association, which aims to provide legal principles applicable to States in addressing climate change and its adverse effects, emphasizing that change in the Earth’s climate and its adverse effects are a common concern of humankind. The Draft Articles characterize the climate system as a common natural resource for the benefit of present and future generations, within the broader context of the international community’s commitment to sustainable development. Within the context of responding to the impacts of climate change, sustainable development calls for states to balance economic and social development and the protection of the climate system. Sustainable development likewise promotes the realization of the right to an adequate living standard and the equitable distribution of the benefits thereof. Therefore, States should anticipate, prevent and minimize the causes of climate change, and mitigate its adverse effects for the benefit of present and future generations. The common but differentiated responsibilities and respective capabilities of states require developed states (in particular, the most advanced among them) to take the lead in addressing climate change, for instance through more stringent mitigation and assisting developing states in particular, the least developed among them, small island developing states, and other vulnerable states, to the extent of their need, to address climate change and adapt to its adverse effects.