Determination of State Responsibility for Climate Harm-Construction of Relief Mechanisms for Affected Parties Based on Interactions Between Branches of Laws

Xia Sheng

2025

Abstract

The Industrial Revolution gave birth to the Anthropocene. As its core issue, trans boundary climate damage, with its collective and cumulative nature, poses a fundamental challenge to traditional international law. This paper focuses on the determination of state liability for climate damage. It analyzes the advantages and disadvantages of traditional state liability for wrongful acts, strict liability for trans boundary damage, and compensatory liability. Moreover, it proposes to introduce the theories of systematic interpretation and concurrence of claims, and explores the linkage between climate law, the law of the sea, and human rights law to construct an umbrella-shaped relief network. Finally, in combination with China's practice in climate governance, it looks forward to a new paradigm of global climate governance aiming at fair-ness and justice.

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Paper Citation


in Harvard Style

Sheng X. (2025). Determination of State Responsibility for Climate Harm-Construction of Relief Mechanisms for Affected Parties Based on Interactions Between Branches of Laws. In Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS; ISBN 978-989-758-785-6, SciTePress, pages 424-429. DOI: 10.5220/0014382700004859


in Bibtex Style

@conference{icplss25,
author={Xia Sheng},
title={Determination of State Responsibility for Climate Harm-Construction of Relief Mechanisms for Affected Parties Based on Interactions Between Branches of Laws},
booktitle={Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS},
year={2025},
pages={424-429},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0014382700004859},
isbn={978-989-758-785-6},
}


in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Politics, Law, and Social Science - Volume 1: ICPLSS
TI - Determination of State Responsibility for Climate Harm-Construction of Relief Mechanisms for Affected Parties Based on Interactions Between Branches of Laws
SN - 978-989-758-785-6
AU - Sheng X.
PY - 2025
SP - 424
EP - 429
DO - 10.5220/0014382700004859
PB - SciTePress