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On The Principle Of Common But Differentiated Responsibilities In The International Climate Cooperation

Posted on:2012-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:J SongFull Text:PDF
GTID:2216330338950385Subject:International law
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The Principle of Common but Differentiated Responsibilities is a basic principle in the international environmental Law. As a new principle, it only developed a few decades, but has a very important affect in the practice of the International environmental Law. In the field of international climate cooperation, as an important principle, it regulates in the international environmental law treaties, such as "United Nations Climate Change Convention" and "Kyoto Protocol". "Kyoto Protocol" is an important law practice implied the Principle of Common but Differentiated Responsibilities, but it has a weak law affect. The most vital reason is how to define and apply the Principle of Common but Differentiated Responsibilities.So this paper considers the status of the international climate cooperation, using the kinds of legal interpretations to study and rethinking the related questions of the Principle of Common but Differentiated Responsibilities. Through analyzing the Principle of Common but Differentiated Responsibilities in the international climate cooperation, it provides a reference for China in the legislation and practice.In the preface there is a brief quote about the Principle of Common but Differentiated Responsibilities. It introduces the status and context of the Principle of Common but Differentiated Responsibilities. It elaborates the vital meaning of the Principle of Common but Differentiated Responsibilities for the cooperation of international climate change and how to develop it.This paper contains three chapters. Firstly, it narrates the birth and development of the Principle of Common but Differentiated Responsibilities. Then it analysis the birth and shape to establishment of the Principle of Common but Differentiated Responsibilities with the methods of historical research. It analyzes the concrete applying situation of the principle in the treaties of international climate cooperation.Secondly, undertaking the basic historical analyzing in the former section, the text analyzes the natural meaning and status of the principle regarding the practice of International regime of climate change, especially the meaning of the differentiated responsibility. As a basic principle in the international climate cooperation, the Principle of Common but Differentiated Responsibilities is the cornerstone in the international climate cooperation. And analyze the rationality of the principle using the law value methods to explain the international law basis behind the principle. And provide the theoretical support for the principle.In conclusion, the text analyzes the fulfillment of the principle in the practice of international climate cooperation. On the basis of analyzing the faults of the principle, proposes to improve and develop the principle of common but differentiated responsibilities, with the present situation of China, analyzes the ways of learning and implement from the principle in the fields of climate change. And it proposes to construct specific climate law regime of China in the low carbon mode.
Keywords/Search Tags:The Principle of Common but Differentiated Responsibilities, Distributive Justice, Sustainable development, International climate cooperation
PDF Full Text Request
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