论环境权保障融入应对气候变化行动的困难与应对

Challenges and Countermeasures for Integrating the Protection of Environmental Rights into Actions for Addressing Climate Change

气候变化问题成因复杂,牵涉面广,对人权构成了严重威胁。环境权是生态环境保护与人权事业发展的交叉点,鉴于应对气候变化与环境权之间存在深层关联,我国应将环境权保障融入应对气候变化的行动过程,以求二者同步发展。在应对气候变化过程中,主要以“无害”环境为追求的气候稳定权和以“优美生态环境”为追求的获得更加宜居气候的权利是环境权的具体表现形式,应得到重点保护。然而,由于以赋予个人具有请求权能的主观权利为主要手段的传统权利保护方式难以满足应对气候变化背景下环境权保障需求,加之应对气候变化与其他人权之间存在固有的价值分歧等原因,应对气候变化与环境权协同发展尚存在一些阻碍。构建多层次的国家应对气候变化义务,通过适度能动司法发挥法院在应对气候变化过程中的作用,并在整体系统观的指导下统筹应对气候变化与人权事业发展,是克服前述困难的有效路径。

Climate change,which is caused by complex reasons and has a wide-ranging impact,poses a serious threat to human rights.Environmental rights are where the protection of the ecological environment and the development of human rights intersect.In view of the close relationship between the actions for addressing climate change and environmental rights,China should integrate the protection of environmental rights into the actions for addressing climate change,so as to achieve simultaneous development of both.In the process of coping with cli-mate change,the right to climate stability that mainly pursues a"harmless"environment and the right to a more livable climate that pursues a"beautiful eco-environment"are specific manifestations of environmental rights and should be the priority of protection efforts.However,there are still some obstacles to achieving the coordinated development of the efforts to address climate change and the protection of environmental rights because traditional rights protection methods mainly give individuals subjective rights with the power to claim and are thus difficult to meet the needs of environmental rights protection in the context of climate change,and there are inherent value differences between responding to climate change and the realization of other human rights.Building a multi-level national obligation system to address climate change,giv-ing play to the role of courts in responding to climate change through moderate judicial activ-ism,and coordinating the efforts to cope with climate change and the development of human rights under the guidance of a holistic system view are effective ways to overcome the aforemen-tioned difficulties.