On The Divergence And Development Of Common But Differentiated Responsibilities Principle In The International Legislation Of Climate Change

Principle of Common but Differentiated Responsibilities is a comparatively new international environmental law principle. It has a close connection with international legislation of climate change. It's the key point in every international negotiation of climate change.From the materials collected by the author, it seems that domestic research has not looked deeply into this matter. Many scholars focus on why the international legislation of climate change should apply this principle. However, they neglect the uncertainty of this principle and the necessity and possibility of evolving this principle. In fact, foreign scholars and some domestic scholars have a different understanding of this principle. From the author's view, Principle of Common but Differentiated Responsibilities is a new and developing principle, so it's controvertible and evolvable. We should recognize the divergence of opinion first, then research into the necessity and possibility of evolving this principle. Only if we reach a consensus of this principle, the international agreement of climate change can be possible.This paper contains four chapters with about 30 thousand words. Chapter 1 illustrates the general situation of this principle. Firstly the concept and content of the principle, secondly the establishment of this principle, thirdly the legal status of this principle. Chapter 2 discloses the divergence of opinion of this principle. The divergence of opinion falls into four spheres: how to distinguish the developed countries and the developing countries; why the developed countries and the developing countries have different responsibilities; how to distinguish responsibilities between the developed countries and the developing countries; financial assistance and technology transformation.Chapter 3 addresses the necessity and possibility of evolving this principle. The necessity of evolving this principle has three reasons. Firstly, the climate change is definite, harmful, urgent. Secondly, the international legislation of climate change should combine equitable principle and efficiency principle. Thirdly, can't realize the purpose of international carbon emission reduction. The possibility of evolving this principle also has three reasons. Firstly, developing countries has changed a lot compared to < Kyoto Protocol > era. Secondly, the developing countries need to develop low carbon economy. Thirdly, international pressure is increasing.Chapter 4 introduces and analyzes several schemes of carbon emission reduction. After briefly introducing Harvard project and Tsinghua project, the author puts forward some horse thought.In conclusion, the author thinks that in order to make an international agreement, both the developed countries and the developing countries need to compromise. In the future negotiation, China should shoulder the corresponding responsibility,and treat the Principle of Common but Differentiated Responsibilities flexibly. In the meantime, domestic scholars should be far-sighted based on current situation and research positively, in order to bring forward some good schemes of carbon emission reduction suitable for the globe.