Climate Justice and the Global South: Rethinking Equity in International Climate Law

Abstract

Climate change represents a fundamental threat to humanity; however, its effects are not uniformly felt around the world. The Global South, which includes developing and least developed nations, experiences a disproportionate level of vulnerability, even though it has made minimal contributions to historical greenhouse gas emissions. This article provides a critical analysis of the notion of climate justice within the context of international climate law, emphasizing equity, responsibility, and differentiated obligations. It scrutinizes the effectiveness of current legal principles such as Common but Differentiated Responsibilities (CBDR) and equity in addressing the systemic inequalities inherent in global climate governance[1]. The article contends that while frameworks like the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement formally recognize the importance of equity, their execution is often hindered by political compromises and the economic interests of developed nations[2]. Additionally, it underscores the developing jurisprudence from Global South countries—especially India—that merges environmental protection with human rights and constitutional obligations. By analyzing international treaties, soft law instruments, and judicial rulings, this article illustrates the necessity for a transformative approach to climate governance that emphasizes distributive and corrective justice. The article suggests reforms designed to enhance climate justice, which include enforceable commitments for climate finance, technology transfer, and acknowledgment of loss and damage. It advocates for a reimagining of international climate law that prioritizes the lived experiences of vulnerable populations and aligns legal structures with principles of fairness, sustainability, and intergenerational equity[3].

[1]United Nations Framework Convention on Climate Change (adopted 9 May 1992, entered into force 21 March 1994) 1771 UNTS 107.

[2] Paris Agreement (adopted 12 December 2015, entered into force 4 November 2016) UN Doc FCCC/CP/2015/10/Add.1.

[3] Lavanya Rajamani, ‘Ambition and Differentiation in the 2015 Paris Agreement: Interpretative Possibilities and Underlying Politics’ (2016) 65(2) ICLQ 493.