O conceito de “dano significativo” no direito internacional e no direito europeu

Abstract

The recorded increases in global temperatures in recent years and the recent reports from the Intergovernmental Panel on Climate Change (IPCC) demonstrate the urgent need for actions to combat climate change at national, regional, and international levels. However, in recent years, the lack of political will to establish a specific regulatory framework to address global warming has made it necessary to seek legal solutions within the existing legal framework for environmental protection. In this context, the concept of "significant harm," which is part of the transboundary damage prevention regime, has emerged in legal doctrine as a means to hold States accountable for damages caused by their excessive emissions. Simultaneously, the European Union has published the "EU taxonomy," a regulation that classifies economic activities as sustainable or not and utilizes the concept of "significant harm" for this purpose. Therefore, the objective of this work is to compare the concept of "significant harm" in each legal system and examine the possibilities of integration between them, with the aim of constructing a legal framework capable of addressing climate change.