Environmental Law Service

Climate Law Database

Compliance of the basic idea of the CCA with the international law

The international agreements in the field of climate change prevention fall within the area of the public international law. Thus, they are ruled by its fundamental principles such as principle of the sovereign equality of states and the principle of non- interference in the domestic affairs of states. Other principles mentioned are the principle of free consent, principle of good faith and pacta sunt servanda. These are particularly relevant to laws related to the international agreements (treaties) and are explicitly expressed in the Vienna Convention on the Law of Treaties (signed on May 23, 1969). Any treaty relating to the public international law is based on the free consent of states´ entering into it. By entering into a treaty, states assume the duty to fulfill, in good faith, the very obligations arising under the treaty. Any extension of state obligations under international treaties must, again, be based on the free consent of the actors. “… states have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and developmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.”