Abstract:
Climate change is the most serious environmental challenge faced by human beings so far, and it is urgent to have a complete response mechanism to climate change. However, the inherent characteristics of climate change, such as accumulation, globality and indirectness, make its normative demands and systematic care needs prominent, and human rights law has an indispensable paradigm and moderate value for climate change relief. It is embodied in three evolution paths: expanding power, procedural and creating power, which has injected new vitality into climate change relief. However, in the absence of substantive environmental rights, the application of human rights law to the field of climate change still depends on the first and second generation of human rights, which also brings many obstacles to practical operation. Based on this, it is necessary to abandon the dualistic paradigm in the environmental law system and the human rights law system in the future, build a unified system combining the two, and coordinate the scientific and legal methods of climate change attribution; Clarify the scope of human rights obligations outside climate change; Clarify the human rights due diligence obligations of the state and enterprises; Promote the greening of the international human rights law system to improve the relief mechanism for climate change damage.