On the Constitutional Protection of Carbon Emission Right as the Right of Development

Abstract

Since the development of the second human rights, the right to development, as the third human rights advocated by developing
countries, has become popular. Under the two-carbon target, some scholars say that the carbon emission right is the right to development, and
it is a basic human right for developing countries. To be sure, with the total amount of carbon emissions fixed, both the speed and level of development are closely related to the amount of carbon emissions allocated. But now double carbon joint agreement distribution unclear terms,
developed countries and developing countries demand for carbon emissions and carbon neutral ability difference is bigger, the corresponding
management of carbon emissions is more policies and regulations, the lack of host rules of supply, constitutional guarantee, has affected the
double carbon under the goal of national development and construction. Therefore, as the right to development of carbon emissions protection
should be in the constitution respect and safeguard human rights and the principle and the principle of rule of law as the guidance, establish a
sound legal system of carbon emissions, reasonable balance production development and double carbon target relationship, concrete refinement to implement the limit of carbon emissions related laws and regulations, realize the constitutionality of the legal order.