تحلیل نقش حقوق بین‌الملل عرفی در تعهدات دولت‌ها در زمینه کاهش تغییرات اقلیمی

Climate change law has predominantly been structured around international treaties and institutional mechanisms derived from the United Nations Framework Convention on Climate Change (UNFCCC). In this context, the role of customary international law has remained largely underexplored. However, customary international law—independent of states' explicit consent to treaty obligations—can serve as a binding source for establishing duties related to the mitigation of climate change. This study seeks to address whether customary international law plays a role in shaping state obligations concerning climate change mitigation. If so, what is the nature of these obligations, and how do they relate to climate treaties? To answer these questions, the research first identifies the relevant customary obligations within public international law. It then examines their role in climate change mitigation and explores the link between custom and climate treaties. Acknowledging the absence of a conflictual relationship between custom and climate treaties, the study addresses the interpretive relationship between them. In its final part, the research analyzes the mutual influence between customary norms and climate treaties in the domain of climate change mitigation. The practical value of this inquiry lies in its potential to interpret existing judicial decisions on climate change from a perspective independent of treaty law and state consent, thereby offering a conceptual basis for anticipating future rulings within the same framework.