اندیشه‌های حقوق عمومی

The present study aims to critically analyze the legal framework of international state liability for damages caused by climate change. The main hypothesis of the study is that traditional rules of international state liability, especially the fault-based model based on linear causality, do not have sufficient ability to ensure state accountability for climate damage due to the gradual, cumulative, and multi-causal nature of global warming and need to be reexamined and redesigned. Accordingly, the central question of the thesis asks whether it is possible to present a new model of state liability based on the historical emission share of pollutants and climate risks, relying on developments in customary law and environmental treaties, which would reduce the existing positive and attributive deadlocks.The research method is descriptive-analytical and based on library and document study; meaning that by collecting and analyzing international documents related to climate change, the practice of international and national courts, and the theoretical literature of international environmental law, first the current status of obligations and mechanisms of state responsibility is described and then the capacities and shortcomings of rules such as the principle of non-harm to others, the obligation to take due care, and risk-based liability are evaluated. The findings show