On The Common But Differentiated Responsibilities Principle Of International Environmental Law

"Humanity stands at a defining moment in its history. We are confronted with a perpetuation of disparities between and within nations, a worsening of poverty, hunger, ill health and illiteracy, and the continuing deterioration of the ecosystems on which we depend for our well-being." These are opening words of Agenda 21, which was adopted by the United Nations Conference On Environment And Development in 1992. These words accurately point out the common issue that confronts the world: the continuing deterioration of the ecosystems threatens all human beings and the Planet Earth. We have only one Earth and we should work together to protect the global environment because we as human beings depend upon the common environment to sustain and develop.However, contemporary environmental problems, such as the depletion of the ozone layer, the loss of biodiversity and the climate change, if we trace the sources of these problems, are mainly caused by developed countries because these countries adopted unsustainable production and consumption methods during their period of development. If developing countries are required to take the same responsibilities as the developed countries in the common effort to solve the international environmental problems, developing countries will definitely oppose to such kinds of responsibilities because such requirements are unfair and inequitable. The principle of common but differentiated responsibilities (hereinafter referred to as CBDR principle) was established so as to encourage and involve more developing countries to participate in the solution of international environmental problems.The CBDR principle is a comparatively new international environmental law principle. From the materials collected by the author, it seems that domestic research has not looked deeply into this matter. The author completes this paper on the basis of international law documents and research results achieved by domestic and foreign scholars. The better understanding of the principle's development, contents and the issues of implementing the principle will help developing countries to make good use of the principle for negotiating new international environmental law and to enhance their implementing capacities. This paper contains five chapters with about 30 thousand words. Chapter I discusses the CBDR principle's establishment stages. The CBDR principle experienced several stages: the emergence of the idea --- Stockholm Conference, early form --- Montreal Protocol, formal formation --- Rio Conference and strict application --- Kyoto Protocol. The CBDR principle continues to be developed and perfected.Chapter two discloses the contents of the CBDR principle. This part analyses the characteristics of the "responsibilities" of the CBDR principle and concludes that states should bear primary international responsibilities rather than secondary responsibilities in international environmental protection regimes. In addition, Part two examines the commonality and the differentiation of the responsibilities undertaken by different states in the course of the international environmental protection. Chapter three addresses the rationality of the CBDR principle. There should exist certain rationalities if an international principle is proposed, accepted and implemented by the international community. The CBDR principle is an effective principle and measure to prevent the deterioration of the international ecosystems because the CBDR principle satisfies the current international needs. We may find out the rationality for the existence and further development of the CBDR principle after the analysis from the perspectives of international legal practice, international equity and sustainable development.Chapter four introduces the problems of applying the CBDR principle and explores the potential solutions to the problems. The CBDR principle in essence concerns the adjustment of states benefits and the allocation of future responsibilities. The application of the CBDR principle will...