Society & Economicsarticle2026-08-01

Is the Paris Agreement Enough? Human Rights and State Obligations in the Climate Crisis

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Abstract

Climate change presents profound challenges not only to the environment but also to the protection of fundamental human rights, raising critical questions about the scope of State’s legal obligations under international law. This article argues that compliance with the Paris Agreement alone is insufficient to discharge State’s broader human rights obligation in addressing climate change. While some States contend that the climate treaty regime constitutes the exclusive legal framework governing climate obligations this article demonstrate that such a position misconstrues the relationship between treaty law and general principles of international law. It contends that principles such as a due diligence, prevention of transboundary harm, and the obligation not to cause significant environmental damage to continue to apply alongside the climate treaty regime. Drawing on jurisprudence from the International Court of Justice, regional human rights courts, and United Nations bodies, the article highlights the growing recognition that climate change directly threatens rights including the right to life, territorial integrity, and self-determination. Ultimately, the article concludes that climate treaties operate within, rather than replace, the wider framework of international law, requiring States to adopt comprehensive measures that safeguard both environment and human rights.

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Open access versionPublisher pageOpenAlexBristol Research (University of Bristol)Published 2026-08-01

Authors: Sosefo Sepasitiano Patelisio