Climate Change Mitigation and Adaptation: Obligations of Means or Result? A Jurisdictional Approach
摘要
Are the duties to mitigate carbon emissions and adapt to the noxious consequences of climate change obligations of means (conduct) or result? This question is relevant to assessing the enforceability of climate change policies, as, while duties of result set precise goals for purposes of compliance, obligations of conduct only compel best efforts with a view to achieving such objectives. Arguably, obligations of conduct are constraining and thus are not necessarily less effective than strict obligations of result for climate change mitigation and adaptation purposes. Within such a general framework outlined by the UNFCCC, a case-by-case assessment by quasi-judicial and judicial bodies is necessary to determine whether mitigation and adaptation are obligations of conduct or result.