The No-Harm Principle as the Foundation of International Climate Law

Sandrine Maljean-Dubois (1, 2)

1 DICE / CERIC - Droits International, Comparé et Européen / Centre d'études et de recherches internationales et communautaires (CERIC)
2 DICE - Droits International, Comparé et Européen

This chapter argues that the customary 'no-harm' principle, conceived by the ICJ as a principle according to which States must prevent activities within their jurisdiction from causing extraterritorial environmental harm, 1 applies to the regulation of greenhouse gas emissions (GHG) that are interfering with the global climate system. As a helpful complement to (invaluable) treaty-based obligations, this principle should help put pressure on States and lead them to reduce their GHG emissions.

Domaines: Droit

Sandrine Maljean-Dubois. The No-Harm Principle as the Foundation of International Climate Law. Debating Climate Law, 2021. ⟨halshs-03286152⟩