“双碳”目标及其实施的国际法解读

An Interpretation of the Targets of Carbon Peaking and Carbon Neutrality With Their Implementation:From the Perspective of the International Law

我国积极参与全球环境与气候治理,做出力争2030年前实现碳达峰、2060年前实现碳中和的庄严承诺,体现了负责任大国的担当。《巴黎协定》是这一承诺的基础。从国际法的角度看,“双碳”目标的提出既是基于国际条约的法律行为,也是国际法上一国的单方面行为。关于该目标的具体内容、措施及其实施,《巴黎协定》并未过多干预,主要是由国家在自主自愿的基础上提出,并且主要依靠国内的努力来实现。联合国框架下的国际人权法及其实施机制与应对气候变化的国际法及其实施机制有类似的性质和特点,可以通过两者的比较获得启示,即要在尊重各国的自主性、创造性的基础上,主要依靠各国国内的努力实现“双碳”目标。

China has played an active role in global response to climate change,and pledged to reach peak carbon emissions before 2030 and achieve carbon neutrality before 2060,demonstrating its commitment to act as a responsible major country.The Paris Agreementis the legal base of this commitment.In 2021,the parties of the Paris Agreement including the major actors like China,the United States and the EU declared their“double carbon”targets.This progress is the new and successful achievement of the international law on climate change,basing itself upon the lessons learned from the Kyoto Protocol,and benefiting from the new creative design of the Paris Agreement.The pattern of the obligation of the parties has been shifted from the top-down model of the Kyoto Protocol to the bottom-up model of the Paris Agreement.And obviously,the international implementation mechanism of the Paris Agreement is a weak one with promotional functions,rather than a strong one which can adopt punishing measures.The extensive participation including the engagement of the major actors of the world and the ambitious“double carbon”targets they have pledged is a success of the ParisAgreement.It is crucial to consider the Paris Agreement from the perspective of the international law.The nature of the international law lies in that it is the international rules between equal parties without superior powerful government or judicial organ.The enthusiasm,initiative and creativity of the parties of the international treaties,instead of the forces from outside,are important and decisive.Therefore,the implementation of the Paris Agreement is appropriate.The“double carbon”targets are raised by the stated parties or the EU as a party according to the Paris Agreement as procedural obligation.But the Paris Agreement does not imply the details of the content of the targets or the operational measures to realize them.On the contrary,it is for the concerned party itself to carry out the tasks mainly through its own efforts inside the country or region.China has played an active role in compliance with the Paris Agreement and adopted comprehensive measures inside the country to implement the“double carbon”targets,proving that the obligation under the Paris Agreement is in nature both the treaty obligation and the obligation from unilateral act which mainly rely on the domestic efforts for implementation.