A responsabilidade internacional dos Estados por danos ambientais transfronteiriços: reflexões sob a ótica das mudanças climáticas

Abstract

Climate change is currently in the heart of international discussions. Considering the real threat it represents and that several countries feel disadvantaged by others that contribute intensively to climate change, it is important to look for a way to solve such conflict when economic and political pressures are not able to do so. In this sense, this paper proposes to analyze the necessary elements for the configuration of State responsibility in the international field. Furthermore, it intends to discuss whether such elements might be fulfilled when a State performs a conduct that intensifies the climate change and causes environmental harm to another nation. Despite the fact that international State responsibility for environmental transboundary harm is frequently discussed in doctrine, climate change analysis is still unexplored. Thus, this paper intends to start discussions about the nations responsibility for their contributions to climate change and the consequent harm they cause to others. Therefore, this issue can be further explored, considering the trend towards the so-called "climate change litigation"