Series:

He Miao

Abstract

Allocation of carbon emissions is still a popular issue nowadays. There is no consensus on the relationship in the academic field between carbon emissions and a right to development, and there is little literature on the relationship between carbon emissions and a right to development and their developmental tendency. Essentially, the controversy on the right to development and carbon emissions is about the contesting of benefits. How can we clarify the relationship between carbon emissions and a right to development from a legal perspective? What type of model for the rule of law could promote clarification of the relationship between carbon emissions and a right to development while safeguarding the interests of developing countries? This chapter aims to answer these questions and propose some possible basic principles and a possible model for the rule of law on their relationship.