INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 07,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 650
ENVIRONMENTAL LAW AND CLIMATE JUSTICE: DIFFERENCES IN
INTERNATIONAL STANDARDS AND NATIONAL LEGISLATION
Abdurafiyeva Nodirabonu
Termez State University
3rd year student of the Faculty of Law
Abstract:
This article analyzes the role of the concepts of environmental law and climate justice
in international and national legal systems. Significant differences between international
standards - in particular, the principles developed on the basis of the Paris Agreement, the
Kyoto Protocol and the UN Framework Convention on Climate Change - and the
environmental legislation of the Republic of Uzbekistan are highlighted. During the study,
proposals were developed on the issues of environmental justice and the possibilities of the
population to adapt to climate change, mechanisms for the implementation of environmental
rights, and the approximation of national legislation in this area to international standards.
Keywords:
Environmental law, climate justice, international standards, national legislation,
Uzbekistan, Paris Agreement, environmental security, legal differences, sustainable
development.
Climate change, as one of the most pressing problems of the modern world, requires the
promotion of environmental law and climate justice. International norms and national
legislation that guarantee environmental security play an important role in ensuring sustainable
development on a global scale. At the same time, there are differences between these two
systems, which can become an obstacle to the practical implementation of the principles of
climate justice. This article examines the main international norms of environmental law and
aspects of Uzbek legislation, analyzes existing differences, and makes proposals for their
elimination.
Today's global climate crisis not only poses a serious threat to human development, but also
requires the development of new approaches to environmental protection. In this regard, the
concept of "climate justice" has become a focus of special attention in the field of
environmental law in recent years. This term is aimed at protecting the rights and interests of
the social strata most affected by climate change, developing countries and future generations.
The Republic of Uzbekistan, as a subject of global environmental policy, also supports
international environmental initiatives and develops national programs to combat climate
change. However, the principles adopted in international environmental law have not always
been fully reflected in national legislation. In particular, from the point of view of climate
justice, the need to legally protect vulnerable groups, ensure public participation in
environmental decision-making, and develop compensation mechanisms remains urgent.
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 07,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 651
This article aims to shed light on these issues and develop concrete recommendations to address
existing legal gaps by identifying the connection between environmental law and climate justice.
The article was written using the method of comparative legal analysis, analysis of
documentary sources, and study of normative legal acts. International conventions, declarations,
and the current legislative framework of the Republic of Uzbekistan were selected as the main
objects of analysis.
International environmental law standards
International environmental law is regulated by the following main documents:
UN Framework Convention on Climate Change (1992)
Kyoto Protocol (1997)
Paris Agreement (2015)
Declaration on the Right to Development (1986)
– legal foundations of the concept of
climate justice
These documents highlight as key principles "common but differentiated responsibilities",
environmental sustainability, consideration of the rights of future generations, and compatibility
with human rights.
Situation in national legislation (in the case of Uzbekistan)
Environmental law in Uzbekistan is based on the following legal foundations:
Law "On Environmental Protection" (1992)
Law "On Environmental Expertise"
Law "On Environmental Control"
Climate initiatives within the framework of the nationwide Green Space movement
in 2021–2023
However, these laws do not fully address the international principle of "climate justice." In
particular, the protection of vulnerable groups (women, youth, rural residents) from climate
change is poorly defined.
The main differences between international and national law are as follows:
Difference in level of understanding:
International documents recognize "climate justice" as a
separate principle. However, this concept does not exist as a legal category in national
legislation.
Commitment mechanism:
There are monitoring, reporting, and accountability systems at the
international level. In Uzbekistan, the monitoring system is relatively weak.
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 07,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 652
Public participation:
International conventions require citizens to participate in environmental
decisions (Aarhus Convention). This issue is poorly covered in Uzbek legislation.
Climate migration
or there are no specific legal guarantees for groups affected by climate
change.
The study shows that, while Uzbekistan's environmental legislation is being brought into line
with international standards, sufficient legal mechanisms for climate justice have not yet been
developed. We propose the following:
1.
Development of a separate bill "On Climate Justice"
2.
Expanding citizen participation in environmental decision-making
3.
Establish legal safeguards for those most affected by climate change
4.
International environmental conventions
full integration into national legislation
5.
Strengthening environmental justice mechanisms and developing climate litigation
practices
References:
1. United Nations Framework Convention on Climate Change (UNFCCC), 1992.
2. Paris Agreement, 2015.
3. Aarhus Convention on Access to Information, Public Participation in Decision-making and
Access to Justice in Environmental Matters, 1998.
4. Law of the Republic of Uzbekistan "On Environmental Protection", 1992.
5. Kadyrov A. Ecological security: Legal foundations. – Tashkent, 2022.
6. Karimov B. Climate change and national legislation. – Journal of “Legal Sciences”, 2023.
7. UNEP. Environmental Rule of Law: First Global Report, 2019.
