Given the broad-based nature of climate change, the focus of law and policy has never been exclusively environmental. Economic and trade issues have, for instance, played a key role from the outset. While environmental and economic considerations have been central to the climate change legal regime, the same cannot be said for its human rights aspects.

The existing regime provides a number of entry points for the consideration of human rights. The notion of vulnerability is an effective starting point since it has been an important component of the regime since its inception. This important concept must, however, be given more specific content if it is to be effective in shaping the climate change regime in the future. Vulnerability applies both at the level of states and people. Concerning states, differential treatment already provides the conceptual basis for addressing vulnerability. However, the framework needs to be thought afresh to make it more effective at capturing the varying vulnerabilities of different developing countries as well as to take into account changed circumstances since the adoption of the Climate Change Convention (UNFCCC). Concerning people, the climate change regime needs to move beyond its traditional international environmental law model to encompass consideration of the specific vulnerabilities of individuals and communities. This is best achieved through the language of human rights that has already been widely discussed in environmental law contexts.