The Protection of the Atmosphere and the ‘Regressive’ Development of International Law

Author: Islam Attia
Published: 01.11.2022
In a few weeks, the 2022 United Nations Climate Change Conference (COP-27) will be convening in Sharm El-Sheikh, Egypt. States will negotiate higher ambitions on mitigation, adaptation, and climate finance, in an attempt to curtail the apocalyptic consequences of climate change. In this context, the identification of relevant principles of international law is necessary and will provide timely guidance to negotiators. Last year, the UN International Law Commission (ILC) adopted guidelines on the ‘Protection of the atmosphere’ after eight years of work on the topic led by Special Rapporteur Mr. Shinya Murase. The Guidelines address a significant topic. Yet, unfortunately,…