Research On Differential Treatment In International Law Of Climate Change

From the inception of the international environmental dialogue, the international community has witnessed a sharp dissonance between the developing and developed countries. The disputes also reflect in the international law of climate change concerning the issues of structure, characters and future development etc. and mainly concentrated on who should take the obligations, and how to fulfill the obligations. The ideas and principles of giving differential treatment to developing countries have been established in the resolutions of the United Nation’s conferences. Although there are many challenges and difficulties in the evolution of norms of differential treatment, the international community has gradually accepted the principles, rules and mechanism of differential treatment. The international legal documents are going into effect, embodying material contents, and produce binding force, and successfully transferred from lex ferendo to lex lata. From the rudimental consensus in the UN conference on human environment, to UNFCCC and the ratification of Kyoto Protocol, to the Bali Action Plan of the UN conference on climate change, norms of differential treatment have run through the process-from the beginning to the end, showing great energy.The UNFCCC and its Kyoto Protocol in international law of climate change contains numerous instances of differential treatment favoring developing countries, which highlight the particular characteristics of these countries. International law of climate change contains all different types of differential norms which exist, and it is unique both in the nature and extent of differential treatment. These norms represent the soul of all the different treatment norms. Differential treatment works as a coordinator in the cooperation facing worldwide climate change for all countries. It brings developing countries to the climate regime and leaves more space for them to develop. The dissertation focuses on the norms of differential treatment, mainly on problems related to the climate change which show the combination of development and environment. By reviewing the development of differential treatment, this paper ventures to analyze the theory and practice of developing countries in the process of participation of climate change. To the challenges differential treatment face at present, the dissertation tries to explain its legality from the perspective of internatonal law and by using the concept of harmonious world give some suggestions for its perfection in the future.Chapter one is about climate change and differential treatment in international law of climate change. It introduces the cause and the basic definition of differential treatment in international law of climate change, such as’climate change, ’international law of climate change’,’developing country and’differential treatment’, which are the bases of the argument. It mainly traces and sums up the characters of international law of climate change, figures out the reason of emergence of differential treat, in order to provide a conceptual framework.Chapter two reviews the formation and development of differential treatment. Fisrt, it reviews the process of differential treatment’s production, then introduces the emergence of differential treatment, basing on the subscriptions and ratification of the Kyoto Protocol and then trace back to the claims and appeals by developing countries, as well as the other nations’reactions and the related difference. At last, it foresees the trends of differential treatment in the’Post-Kyoto Era’.Chapter three argues the basic principles of differential treatment, treating these principles as theoretical bases. There are three principles which are common but differentiated responsibility principle, equitable and mutual benefit principle and sustainable principle. Differential treatment is mainly basing on the common but differentiated responsibility principle, but the principle cannot fully cover differential treatment. The other two can help it fulfill its goal.Chapter four elaborates the norms of differential treatment in implement mechanisms of climate change. It has made a synthesis, which includes information communication mechanism, financial mechanism, clean development mechanism and non-compliance procedures.Chapter five compares the norms of differential treatment in other areas of international law. These areas include the law of deep sea bed mining, international ozone protection system and miltilateral trade system. The norms of differential treatment in international law of climate change can use the experience of other areas for reference, and the other areas can do the same thing either.Chapter six depicts the difficulties and new ideas of differential treatment in international law of climate change under the context of harmonious world as well as the inspiration to and corresponding strategies of China. It works as an epilogue, which is the review and foresight of the article. The epilogue concludes that the idea of harmonious world needs different treatment, and the norms of differential treat need the idea to fulfill further development.