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气候变化是关涉人类生存与发展的全球性环境问题。在西方发达国家主导的气候变化应对的法律路径陷入困境之时,新兴发展中国家印度和巴西均对其气候变化应对的法律路径进行了改革。印度食物权公益诉讼借助最高司法机构的释法功能,扩张食物权的外延,使之与国内宪法对接,同时唤醒印度普通公众对气候变化与食物危机之间关联性的认识。法院判决的强制执行力对怠于履行食物权义务的政府施加压力,敦促印度政府构建基于食物权的气候变化应对的法律路径。巴西则通过社会组织向政府传递普通民众对食物权的合理诉求,促使政府改变气候变化应对的消极态度。我国可以合理地借鉴印度、巴西的法律实践的有益经验,构建基于食物权的气候变化应对的法律路径。
Climate change is a global environmental issue that concerns the survival and development of mankind. At a time when the legal path dominated by the developed countries in western countries is in trouble, both emerging developing countries, India and Brazil, have reformed their legal path to deal with climate change. India’s Right to Food Public Welfare Proceedings With the help of Supreme Judicial Interpretations, the extension of the right to food is extended to bring it into line with the domestic constitution and at the same time, to arouse the general public in India to a better understanding of the connection between climate change and the food crisis. The enforceability of court judgments pressured governments that lazy to fulfill their obligation to fulfill their rights to food and urged the Indian government to establish a legal approach to climate change based on the right to food. Brazil, meanwhile, passed social organizations to convey to the government the ordinary people’s legitimate appeals for the right to food, prompting the government to change the negative attitude towards the response to climate change. Our country can draw lessons from the beneficial experience of the legal practice in India and Brazil rationally and construct the legal path of response to climate change based on the right to food.