International Law, Climate Change, and China

Ever since its initiation in April 2023, the advisory proceeding of the International Court of Justice (ICJ) on the Obligations of States in respect of Climate Change has attracted unprecedented attention and participation worldwide. States and international organisations have already submitted 91 written statements and 62 written comments in previous stages, and they are expected to further elaborate on their legal positions during the public hearings scheduled from Monday 2 to Friday 13 December 2024. Undoubtedly, the forthcoming opinion provides an exceptional opportunity to clarify the nature and scope of states’ obligations under international law to combat climate change, and the legal consequences of breaches thereof. These problems, however, remain largely under-researched in Chinese literature, despite China’s evident interests in the field as a leading global emitter and a major developing state. Against this backdrop, the three authors, all pursuing doctoral studies of international law at Oxford, have written a report (in Chinese) on international law and climate change, which seeks to produce an accurate and up-to-date account of the current law on climate change and explain in detail the underlying reasoning for different positions calling for the expansion or limitation of relevant obligations and responsibilities. It is hoped that the Report will provide useful guidance and reference points for students, researchers, teachers, and practitioners in their future handling of climate-related matters.

The speakers in this talk will start by introducing each of the chapters of the Report, which encompasses an overview of the sources of international law related to climate change and an extensive treatment of UN climate change treaties, relevant customary rules and principles, and the (specialised) rules of state responsibility for breaches of climate obligations. They will also discuss certain interesting legal points arising from the pleadings of states in the written and oral proceedings, with a particular focus on China’s legal positions, and the possible achievements and limitations of the upcoming advisory opinion.

Please join the event online via this link.

Xiaotian YU is a DPhil in Law candidate at Wolfson College, University of Oxford. Her doctoral research interrogates the effect of contracting parties’ joint and subsequent interpretation of international investment agreements. Her journey into international law began with a bachelor’s degree from Xiamen University, followed by a master’s at Shanghai Jiaotong University, and deepened through various academic and professional engagements at Oxford, which fosters her broad interest in crafting balance within the framework of international law.

Yue CAO is a DPhil in Law candidate at Jesus College, University of Oxford. His doctoral research, generously sponsored by the Clarendon Scholarship and supervised by Professor Antonios Tzanakopoulos, focuses on the legality of unilateral economic measures under the principle of non-intervention. His research interests lie broadly in a number of areas of public international law, including international law and armed conflicts, international law of the sea, and international dispute settlement. Prior to his DPhil, Yue completed his LLB (Hons) at KoGuan Law School, Shanghai Jiao Tong University, and obtained his MJur (Dist) and MPhil in Law (Dist) degrees from the University of Oxford.

Dr. Xiao MAO studied at the University of Oxford (MPhil and DPhil in Law), University College London (LLM, Distinction), Vrije Universiteit Amsterdam (MSc, awarded with Orange Tulip Scholarship), and Shanghai Jiao Tong University (LLB, Hons). She is a 2018 Chinese Rhodes Scholar. She has practice experience in cases before international courts and tribunals in various capacities, and has taught international law courses at University of Oxford, Jindal Global University, and several universities in China.