Climate Change Legislation: A Comparative Study of International and Domestic Legal Frameworks

Abstract

“The Only Thing That Is Constant Is Change” This quote relevant appropriately in perspective of the Climate Change, and if that change has now taken place, we cannot simply stop by advancing the causes of that change. It is marked that human activities on the earth for centuries have contributed to this geographical phenomenon, and the effects of it are devastating. 

Climate change causes an existential threat to humanity, necessitating vigorous legal frameworks at both international and national levels. This study explores key international treaties, such as the Stockholm convention, UNFCCC, Kyoto Protocol, and Paris Agreement, and compares them with domestic laws in major jurisdictions, including the United States, the European Union, and India. The research critically evaluates the effectiveness of these laws, focusing on loopholes, policy gaps and enforcement challenges. Furthermore, it examines alternatives, recent case studies, and the role of judiciary and corporate entities in climate governance. 

Key words: Climate Legislation, Judicial Precedents, Environmental Regulation, Constitutional Provisions, Carbon

Emissions, Sustainable Development, Policy Enforcement

Introduction

“Climate change is intrinsically linked to public health, food and water security, migration, peace, and security. It is a moral issue. It is an issue of social justice, human rights and fundamental ethics. We have a profound responsibility to the fragile web of life on this Earth, and to this generation and those that will follow.”

United Nations Secretary-General Ban Ki-moon

Climate change has become critical global challenges, to address comprehensive policy and legal framework at both international and national levels. The Stockholm convention 1972, United Nations Framework Convention on Climate Change (UNFCCC), alongside the Kyoto Protocol and the Paris Agreement, underlying legal framework for alleviate greenhouse gas emissions and assist sustainable development growth. These initiatives emphasize the principles for climate action, inclusive of technological and financial assistance for vulnerable nations, carbon trading, carbon footprint mechanisms, and nationally determined contributions (NDCs). However, their effectiveness is often undermined by enforcement challenges, political resistance and  financial shortfalls.

At the national level, judicial interventions are shaping climate governance. India as a democratic country, the Supreme Court has played a crucial role in reinforcing environmental protection. The landmark case of  M.K. Ranjitsinh & Ors. v. Union of India set a legal precedent by recognizing the right to be protected from climate change under Article 21 (Right to Life) and Article 14 (Right to Equality) of the Indian Constitution. This decision strengthens the evolving legal frame for climate-related human rights and acknowledges the disproportionate impact of climate change on vulnerable communities, including women, indigenous populations, and those abiding in ecologically sensitive regions.

While “Vasudhaiva Kutumbakam” Sanskrit phrase meaning the world is one family so according to that the whole world work on that issue through international treaties establish a

wide legal rules and regulations which hold by other nations. The efficiency of climate governance eventually depends on domestic legal systems, governance, judicial activism, and corporate accountability. This article examines key international climate agreements, compares them with domestic climate legal regulations across major jurisdictions, and evaluates their enforcement mechanisms. 

Background on Climate Change Laws and Regulations

The need to regulate climate change arose as industrialization and deforestation led to rising global temperatures and extreme weather events e.g. global warming, glacier melting, ozone depleting. Scientific apprehension date back to the early 20th century, but global action began in the late 20th century.

The Stockholm Conference (1972) was the first major environmental summit; acknowledge climate change as a global issue. This encourages upholding environmental phenomenon likewise United Nations Framework Convention on Climate Change (UNFCCC) (1992), which set the guidelines for future agreements. The Kyoto Protocol (1997) introduced binding emission reduction targets for developed nations, but its impact was limited due to the absence of major polluters like the U.S.

A major step forward came with the Paris Agreement (2015), where world committed to reducing emissions through Nationally Determined Contributions (NDCs), endeavor to achieve the global warming below 2°C, ideally 1.5°C.

At the national level, countries have enforced their own climate laws and regulations:

• S.: Clean Air Act (42 U.S.C. § 7401) & Inflation Reduction Act (2022)
• EU: European Green Deal & Emissions Trading System (ETS)
• India: Article 21 (Right to Life), Environmental Protection Act (1986), & Supreme Court activism

These regulations are important due to rising temperatures, social justice concerns, economic losses, and corporate accountability. Judicial interventions, like Massachusetts v. EPA (2007) in the U.S. and M.K. Ranjitsinh v. Union of India (2023) in India, have reinforced climate governance. While progress has been made, enforcement remains a challenge, require stronger international and domestic cooperation.

International Climate Change Legal Frameworks 

A. United Nations Framework Convention on Climate Change (UNFCCC)

The UNFCCC, adopted in 1992, is the introductory international treaty addressing climate change. It sets extensive principles for global assistance in sinking greenhouse gas emissions such as carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride along with adapting to climate impacts. (UNFCCC, art. 3, May 9, 1992, 1771 U.N.T.S. 107). However, critics argue that its non-binding nature confines its enforcement potential.

B. Kyoto Protocol

The Kyoto Protocol (1997) introduced legally binding emission reduction targets for developed countries, recognizing their historical responsibility for climate change. It established marketbased mechanisms such as emissions trading, Joint Implementation (JI), and the Clean Development Mechanism (CDM). (Kyoto Protocol, Dec. 11, 1997, 2303 U.N.T.S. 162). However, its impact was undermined as key emitters like the U.S. did not sanction it, and developing nations were not subject to the same obligations.

C. Paris Agreement

The Paris Agreement (2015) builds on the UNFCCC and sets a global object to limit temperature rise to well below 2°C above pre-industrial levels, with efforts to limit it to 1.5°C. Contrasting the Kyoto Protocol, it requires all countries to submit Nationally Determined Contributions (NDCs), emphasizing voluntary commitments to a certain extent than legally binding targets. However, its dependence on voluntary commitments and lack of strict enforcement mechanisms raises concerns about its efficiency.

Recent International Developments (2023–2024)  

Global Stock take at COP28

In 2023, the first “global stock take” under the Paris Agreement was conducted at COP28 in

Dubai. This estimation concluded that current efforts are inadequate to limit global warming to

1.5°C, advice nations to hasten their measurements towards the changing climatic conditions. The stock take emphasized the necessitate for enhanced improvement strategies, amplified financial support for developing countries, and a changeover away from fossil fuels toward renewable energy initiatives include solar, wind, hydropower, bio-energy, biomass, and energy efficiency. 

UN Climate Conference in Baku

The 2024 UN Climate Conference in Baku, Azerbaijan, resulted in an agreement calling on developed countries to deliver at least $300 billion once a year by 2025 to assist developing nations in addressing climate change impacts. This pledge aims to bridge the financial gap hindering effective climate action in vulnerable regions.             

Domestic Climate Change Legislation

1. United States: Clean Air Act & Inflation Reduction Act

A.  The Clean Air Act (CAA) (42 U.S.C. § 7401 et seq.) authorizes the Environmental Protection

Agency (EPA) to standardize greenhouse gas emissions. The up to date Inflation Reduction Act (IRA) (Pub. L. No. 117-169, 136 Stat. 1818 (2022) provides significant funding for renewable energy, electric vehicles, and carbon capture technologies. However, U.S. climate policies are often subject to political shifts, undermining long-term regulatory stability.

B.  European Union: EU Green Deal & Emissions Trading System

The European Union (EU) Green Deal aims to construct Europe carbon-neutral by 2050. The EU Emissions Trading System (ETS), established under Directive 2003/87/EC, is the world’s prime carbon market, setting a cap on emissions while allowing the trading of allowances. However, loopholes in carbon offset mechanisms and allow allocation reduce its effectiveness.

C.  India: Environmental Protection Act & Climate Action Plan

India has enacted the Environmental Protection Act, 1986 (No. 29 of 1986), providing the officially permitted framework for environmental regulation. Moreover, the National Action Plan on Climate Change (NAPCC) outlines key strategies for climate adaptation and mitigation. Though, challenges such as weak enforcement, lack of corporate liability, and economic constraints hinder effective accomplishment.

Compliance, Enforcement, and Effectiveness

Despite vigorous lawful structure, enforcement and compliance remain significant challenges. The Kyoto Protocol suffered from non-compliance by major emitters, and the Paris Agreement relies on voluntary national commitments, making enforcement difficult.

International Compliance Mechanisms

1. Evolution of International Climate Compliance

    Early Treaties (Kyoto Protocol, 1997): Enforcement  2005, highlight the set binding targets for industrialized countries to reduce greenhouse gas emissions by 5% below 1990 levels between 2008 and 2012 but lacked strong enforcement.

 Paris Agreement (2015): Established Nationally Determined Contributions (NDCs), goal Was;  

• Limit global warming to well below 2° C above pre-industrial levels.
• Pursue efforts to limit the temperature increase to 1.5° C.
• Reduce greenhouse gas emissions.
• Adapt to the impacts of climate change.
• Current Strengthening (COP26 & COP28):
• Loss and Damage Fund (2023) → Developed nations now committed to compensating vulnerable countries.
• EU Carbon Border Adjustment Mechanism (2023) → Imposes tariffs on highcarbon imports to ensure fair compliance.

2. Enforcement through Judicial & Market Mechanisms

• Judicial Rulings:
  • Urgenda v. Netherlands (2019) → Court ordered a 25% emission cut for government accountability.
  • Shell v. Milieudefensie (2021) → Corporate liability for emissions upheld.

• Market-Based Compliance:
  • Carbon Pricing & Cap-and-Trade Systems → Countries like the EU and China now enforce carbon trading markets. o Global Methane Pledge (2021) → Expands beyond CO₂ to regulate methane, a potent greenhouse gas.

Domestic Climate Change Legislation

Climate change legislation at the domestic level varies extensively among countries, with some relying on statutory laws, regulatory frameworks, and constitutional provisions to deal with climate-related challenges. The efficiency of these laws depends on legislative transparency, judicial enforcement, and policy execution mechanisms.

a. United States: Clean Air Act, Inflation Reduction Act & Judicial Precedents

• Clean Air Act (CAA): Clean Air Act, 42 U.S.C. § 7401 et seq. (1970). It authorizes the Environmental Protection Agency (EPA) to standardize greenhouse gas emissions, given that a legal foundation for federal climate policies.
• Inflation Reduction Act (IRA): Inflation Reduction Act of 2022, Pub. L. No. 117-169, 136 Stat. 1818 (2022). This act introduces a significant investment in renewable energy, electric vehicle incentives, and carbon capture technologies, making it one of the most ambitious climate policies in U.S. history.

Landmark Supreme Court Judgments

• Massachusetts v. EPA: Massachusetts v. EPA, 549 U.S. 497 (2007). The U.S. Supreme Court ruled that the EPA has the authority to legalize greenhouse gas emissions under the Clean Air Act, marking a foremost legal standard in U.S. climate policy.
• West Virginia v. EPA: West Virginia v. EPA, 597 U.S. (2022). The Court restricted the

EPA’s authority to compel broad regulations on greenhouse gas emissions from power plants, highlighting constitutional concerns over executive overreach.           

b. European Union: EU Green Deal, Emissions Trading System & Court Decisions

• EU Green Deal: European Commission, The European Green Deal, COM (2019) 640 final (Dec. 11, 2019). Aims to create Europe climate-neutral by 2050, emphasizing energy efficiency, carbon taxation, and sustainable industry practices.
• Emissions Trading System (ETS): Council Directive 2003/87, art. 1, 2003 O.J. (L 275)

32 (EC). The world’s leading carbon market, operating under a cap-and-trade mechanism, has faced criticism for loopholes in carbon offset mechanisms.

European Court of Justice (ECJ) Cases

    People’s Climate Case: Carvalho v. Parliament & Council, Case T-330/18, ECLI:EU:T:2019:324 (Gen. Ct. 2019). Filed by families across the EU demanding stricter climate action, but was dismissed on procedural grounds.

    Urgenda Foundation v. State of the Netherlands: Urgenda Found. v. Kingdom of the

Neth., Supreme Court of the Netherlands, Case No. 19/00135, ECLI:NL:HR:2019:2007 (Dec. 20, 2019). The court ruled that the Dutch government must take stronger action to reduce emissions by at least 25% by 2020, citing human rights obligations under the European Convention on Human Rights (ECHR).

India: Constitutional Provisions, Environmental Laws & Judicial Activism

Constitutional Provisions Related to Climate and Environment

• Right to Life (Art. 21): INDIA CONST. art. 21. Interpreted to include the right to a clean and healthy environment.
• Directive Principles of State Policy (Art. 48A): INDIA CONST. art. 48A. It Directs the State to protect and improve the environment and safeguard forests and wildlife.
• Fundamental Duties (Art. 51A(g)): INDIA CONST. art. 51A(g). Imposes a duty on every citizen to protect and improve the natural environment.

Key Environmental Laws

• Environmental Protection Act: The Environment (Protection) Act, No. 29 of 1986, Acts of Parliament, 1986 (India). Empowers the central government to take measures to protect and improve the environment.
• National Action Plan on Climate Change (NAPCC): Government of India, National Action Plan on Climate Change (2008). Introduced to implement eight national missions, including renewable energy expansion and sustainable agriculture.

Recent Supreme Court Cases and Landmark Judgments

• C. Mehta v. Union of India: M.C. Mehta v. Union of India, 1987 A.I.R. 965 (India).

Established the “polluter pays” principle and reinforced strict liability for environmental damage.

• Supreme Court Order on Air Pollution (2023): Supreme Court of India, W.P. (C) No. 13029/1985, Order on Industrial Air Pollution (2023). Intended for the closure of industries violating air pollution norms and emphasized corporate liability in climate governance.

Criticisms and Loopholes in Climate Legislation

1. Weak Enforcement & Accountability

• International: The Paris Agreement lacks binding penalties, allowing nations like China and Russia to underreport emissions.
• India: Regardless of strong laws like the Environment Protection Act, 1986, enforcement remains fragile due to bureaucratic delays and lack of stringent penalties for polluters. Cases like the Delhi air pollution crisis illustrate gaps in implementation.

2. Inadequate Climate Finance

• International: The $100 billion Green Climate Fund (GCF) remains underfunded, with developed nations failing to meet commitments.
• India: While policies like the National Adaptation Fund on Climate Change (NAFCC) subsist, fund allocation and execution remain slow, predominantly in climate-vulnerable states like Bihar and Assam.

3. Corporate Influence & Green washing

• International: Companies like BP and ExxonMobil manipulate climate data while expanding fossil fuel projects.
• India: Industrial giants like Reliance and Adani claim net-zero goals but continue investing in coal. Corporate lobbying often weakens environmental regulations.

4. Legal and Policy Inconsistencies

• International: The EU Green Deal enforces strict carbon pricing, but China and Africa have weaker regulations.
• India: Judicial and executive conflicts slow down action. Whereas the Supreme Court upholds environmental rights (e.g., K. Ranjitsinh case), the National Green Tribunal (NGT) struggles with enforcement due to some degree of powers.

Recent Case Studies and Developments

1. United Nations Climate Summit 2023: Highlighted the failure of key nations to meet NDC targets under the Paris Agreement.
2. Carbon Border Adjustment Mechanism (CBAM) in the EU: Implemented in 2023 to prevent carbon leakage by imposing tariffs on imported goods with high carbon footprints.

Conclusion and Recommendations

Legal frameworks play a crucial role in addressing climate change, but stronger enforcement mechanisms, financial incentives, and global collaboration are needed to negogiate significant climate goals. Future climate legislation should integrate legally binding targets, stricter compliance procedures, and enhanced financial mechanisms to sustain developing nations in their transition to a low-carbon economy.

 

References

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2. Kyoto Protocol, Dec. 11, 1997, 2303 U.N.T.S. 162.
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