Kyoto Protocol to Paris Convention and Beyond: The Evolution of the Laws on Climate Change

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Swara Anand, S. P. Rathor

Abstract

Climate change has emerged as one of the most pressing global challenges, necessitating the evolution of international legal frameworks to address its causes and consequences. This paper traces the development of climate change law from early environmental governance efforts to contemporary global agreements, focusing on the transition from the Kyoto Protocol to the Paris Agreement and beyond. It examines how international climate law has evolved in response to scientific advancements, geopolitical realities, and the need for equitable burden-sharing among nations. The pre-Kyoto period laid the foundation for global climate governance through soft-law instruments and principles such as sustainable development and common but differentiated responsibilities. The Kyoto Protocol marked the first significant attempt to impose legally binding emission reduction targets on developed nations; however, its effectiveness was limited by political divisions and the absence of key emitters. The Paris Agreement represents a paradigm shift, introducing a flexible and inclusive framework that emphasizes nationally determined contributions and global cooperation. The paper further analyzes the normative shifts from a rigid, top-down approach to a more decentralized, bottom-up system, highlighting the increasing role of non-state actors and climate finance mechanisms. It also explores emerging developments in climate law beyond the Paris Agreement, including climate litigation, carbon markets, and evolving compliance mechanisms. Ultimately, this study argues that while international climate law has made significant progress, challenges remain in ensuring enforcement, equity, and ambition. The future of climate governance depends on strengthening legal frameworks, enhancing accountability, and fostering global solidarity.

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