Research On Common But Differentiated Responsibilities Principle In Theory And Practice

According to authoritative statistics, at the present time, the world land desertification growth speed is to reach 5 to 7 ten thousand square kilometers a year, and the situation is becoming more and more seriously; dozens of biological species disappear every day, biodiversity sharp cutoff; Antarctic Glaciers melting rate is nearly as twice as the 1990s, the annual melting volume is 250 cubic kilometres, which it higher 60% than the annual snowpack.The above is well-known that called global environmental problems. Since the industrial revolution, the production capacity development is fast, the world economy and the human material civilization have made unprecedented progress and prosperity, but also triggered a series of environmental problems. Global environmental problem is the "by-product" of human civilization development, and it also is one of the important characterization to show the result of worsening and going to the extreme.To deal with global environmental problems and the hazards, United Nations Conference on Environment and Development, in June 1992, put forward the common but differentiated responsibility principle. The core idea is : the contemporary environmental problem is related to the common interests of humanity, all countries should take common responsibility for it; at the same time, due with the historical responsibility,economic and technical factors, developed countries should take the lead to protect the environment, to take the primary or the primary responsibility, and to provide financial and technical assistance for developing countries. Among, the common responsibility is the premise and the basis, the key is the differentiated responsibilities.This article is divided into four parts, nearly 30,000 letters. In the first part, the author discourses the basic theoretical issues of common but differentiated responsibility principle, which contain content, nature, effectiveness, form and development process, and so on.From many different angles, the author focused on the rationality in principles in the second part, which contained relationship of the common interests of mankind and the common responsibility; the relationship between fairness and justice theory and the differentiated responsibilities ; the relationship between global environmental problems and the common but differentiated responsibilities; finally, from international economic relationship, the author discoursed that new fair international economic order could take the role of protecting and promoting for the principle.In the third part, begin with analyzing the "Montreal Protocol" and the "Kyoto Protocol", the author discovered the principle had obvious effectiveness in practice in international environmental law, but there are also many problems. The author considered that the principle will be further implemented, by means of a series of rational and effective institutional arrangements, which would also play an increasingly important role. in the future international environmental protection activities.Finally, the article briefly introduced the attitude and implementation of the common but differentiated responsibility principle in China. The author thought, whether in the domestic or international performance, the Chinese have made or have been making enormous efforts to achieve great successes, but also faced many pressures and challenges.