The Spirit Of Economic Law In International Environment Treaty

Mankind's economy society's development has also brought the environment problem of the whole world at the same time. The environment problem was listed as the third problem of the world in the in the 60's in previous century. Carbon dioxide is one of important greenhouse gases. The whole world's becoming warmer,as an important climate phenomenon,can destroy the development of the mankind ,and can hold back the entire increment benefit of the whole world's sustainable promotion ,and even can occur the whole world's calamitousness to some extent. Solving the environment problem needs making joint efforts of whole international community, particularly making a concerted effort between the nation.United Nations Framework Convention on Climate Change (Kyoto Protocol) went into effect on Feb 16th 2005 by attendants'making joint efforts of many years. This is the first that man made quantity restriction that possesses the law binding force of discharge capacity of special nations, with the form of international law in mankind's history, and stipulated firstly the timetable of discharge of greenhouse gases,and,this also is unprecedented in the international environment work . America signed in Nov.1996, and ,the American senate refused ratifying it in 2001,and refuses performing the promise cutting the hothouse gas of 7% shared .Kyoto Protocol contains many law spirits ,such as civil law spirit , environment law spirit and economic law spirit etc. The economic law spirit in Kyoto Protocol is researched especially in this text ,and made comparison with civil law spirit ,to analysis the cause of the United States'exclusion approval of Kyoto Protocol deeply. The economic law protrudingly reveals with the society entire increment benefit standard , and sees from the angle of the maximization of the entire benefit of society since it appeared . The spirit of civil law concerns more individual benefit, rather than entire increment benefit of society .The law substance of the United States'exclusion approval of Kyoto Protocol is that,it,with the view of it's sustainable increase of increment benefit, acknowledge civil law spirit and negative economy law spirit in international environmental protection domain ,regardless of the increment benefit of the whole world ( particularly developing country )We should permeate the international environmental protection cause with the reinforcement of economic law spirit in the international environment treaty .The several aspects followed are analyzed in the text,the punitive compensation is one kind of economic law duty form of independence ,and the system of punitive compensation...