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Research On Sustainable Development In International Environmental Law

Posted on:2008-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HuaFull Text:PDF
GTID:2166360242955714Subject:International Law
Abstract/Summary:PDF Full Text Request
Fast development of social economy and technology on the one hand greatly promote the advancement of the human society, on the other hand, they also bring to human kind various kinds of danger and harm, of which the degeneration of global environment is a representative example. If human kind dose not take measure to deal with the whole world environment degradation problem , the human being will be ruined finally. In the condition of the whole world environment degradation, Sustainable development enter the field of international environmental law and become a very important principle.This dissertation takes global environmental protection as its background, and studies the basic theoretical problem, the implementation system of sustainable development principle, as well as its position in international environmental law. The whole dissertation is comprised of the Preface, the Main Body and the Conclusion. The Main Body of the dissertation constitutes 5 Chapters,includes the following content: Chapter one states the creation ,development and connotation of sustainable development principle in international environment law. The dissertation has analyzed sustainable development principle creation background and the first producing and developing course in international environment law. After the review of the history and development of this principle ,this chapter focuses on the analysis of the concrete content which sustainable development principle includes.Chapter two is the analysis of theoretical basis of sustainable development principle. It mainly includes economic basis, ecological ethic basis and legal basis. After analysis, the article points out that sustainable development principle requires that the human society economic activity must build on the basis of using resource rationally and reduce pollution. In the field of ecological ethic, sustainable development build on really and rationally view of anthropomorphism which different with falce anthropomorphism. There is connection between sustainable development principle and the value of law. After the analysis of the value of environmental law ,the article points out that sustainable development principle and the value of environment law have inherent compatibility, it embodies the the value system of environment law all-round.Chapter three discusses the position of sustainable development principle in international environmental law. After the analysis of adoption of sustainable development principle in international environment law documents and the attitude to sustainable development principle of countries, international organizations and International Court of Justice, the article points out that sustainable development principle has already broken upper politics ethics tentative plan regarded as by some people , it has been a principle of international customary law in the field of environmental protection. In international environment law, there are other principles. After the analysis of the relationship between sustainable development principle and others, the article points out that sustainable development principle is the superordination principle of other principles, in international environment law , it is a mainline penetrated in international environment law ,it is the core and soul of international environmental law.Chapter four discusses the implementation of sustainable development principle. Any legal provision can have its good effects only when it is implemented, otherwise it is a piece of paper, and sustainable development principle is no exception. The implementation of sustainable development principle needs environmental impact assessment system, clean production system, cooperation among nations and other systems. For this reason, this article, pays great attention to discussion and research of this issue. The article have analysed the international environment law document regulation about these relevant systems, practicable condition of these systems , existent problems and have submitted some suggestions in order to ensure that sustainable development principle can be carried out really.Chapter five are sustainable development principle and Chinese sustainable development problems. China as the maximal developing country in the world, plays a very important role in the course of sustainable development of the whole world. Ought to admit that, Chinese sustainable development has got some gratifying victory since "China's Agenda 21 " being put into effect, China has set up a good image of the large developing country in the world. Otherwise, because of the reason of history and economy, Chinese sustainable development is not a easy job. The article analyses the problems confronted with China in the progress of sustainable development and gives some advices to China.
Keywords/Search Tags:sustainable development principle, environmental protection, international customary law
PDF Full Text Request
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