Research On Common But Differentiated Responsibility In International Environmental Law

The Earth is where our human only live.Because over the past few centuries human use a lot of things, the Earth's environment is unprecedented challenges. Countries all over the world have recognized the importance of environmental protection. There are significant differences between developed and developing countries for example global environmental protection in the specific performance of the corresponding obligations and assuming their responsibilities. Above contradictions, a responsibility that is "common but differentiated responsibilities "developed based on international distributive justice.The responsibility has a milestone nature in the international environmental protection field, its meaning as follows:both developed and developing countries all over the world are responsible for environmental protection obligations, but considered the historical, economic conditions and other factors, developed countries should shoulder greatermore responsibility. Under the guidance of the principle, the more developing countries participated the global environmental protection.Studying "common but differentiated responsibilities" not only of theoretical significance but also more practical significance.This article is divided into five parts, nearly 25,000 letters. In the first part, the author discourses the basic theoretical issues of common but differentiated responsibility, which contain content, form and development process, and so on.; In the second part, the author examines the differences between the common but differentiated responsibility and the state responsibility in the domain of traditional public international law by adopting the means of comparison.; In the third part, the author discourses the different ideas about its nature in international law between foreign scholars and Chinese scholars; In the fourth part, begin with analyzing the "Montreal Protocol" and the "Kyoto Protocol", the author discovered it had obvious effectiveness in practice in international law; Finally, on the base of the problems encountered in practice on common but differentiated responsibilities, the author recommended and proposed some improvement measures. And in the further the author elaborated on China's implementation and how to better implementation of common but differentiated responsibilities.