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On The Principles Of Sustainable Development In The International Environmental Law

Posted on:2012-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:W BaoFull Text:PDF
GTID:2216330338970513Subject:International Law
Abstract/Summary:PDF Full Text Request
With the rapid pace of globalization, global ecological environment protection has step into a new period. Ecological environment protection has become a hot issue gain global concern. It also becomes more and more important in the international political and economic life. Therefore, economy, administration and the law are all taken into use as methods in the form of The International Law to restrain the international community members. Go hand in hand to coordinate the ecological environment protection to achieve global sustainable development of society and economy. Like peace and development, environmental protection also has become the main content of the world theme today. We all have the duty and responsibility to protect the world belongs to us and our offspring, and we have to clear one point that human beings can enjoy the benefits of non-renewable resources, but we should also prevent it from the depleted danger simultaneously. This needs us to rethink from a new point of view. We should take into consideration that in the process of our civilization, establishing of new concepts, dos and don'ts are necessary. Varied aspects like, protection of biological diversity, protection of water and soil resource, protection of atmosphere and climate, protection of marine environment, protection of cultural and natural heritage, management and maintenance of natural resource, transfer and management of cross-border waste, all these need further perfection and administration. The final aim is to maintain a ecological balanced and coordinated developmental legal system between human production practice, way of life and environment protection.The principle of sustainable development has a 3-period establishing and developing experience in the international environmental law field. It was first brought out in an arbitration about Pacific seals in 1983, and been affirmed in the 42nd U.N. General Assembly, then been affirmed officially in the international environmental law in 1997 when the International Court of Justice brought the famous dam case to trial. The principle of sustainable development including two important concept, requirement and restriction, and four more core elements, which are intergeneration equality, intergenerational equity, sustainable utilization and integration of environment and development. Moreover, the principle of sustainable development also act a key role in the protecting the natural resources and the artificial resources.The attitudes toward the principle of sustainable development between developing countries and developed countries are obviously distinct. Developed countries are more concerned with the environmental protection for their advanced economic level. They hope the developing countries to act in the same way as them. While from the view of developing countries' economic and social situation, they believe development and poverty elimination are of more importance. Poverty elimination is also a necessary part of sustainable development too. And after many negotiations. The developed countries and the developing countries reached a coordination in protecting and improving the global environment jointly. UNFCCC pioneered in making global cooperation in response to detrimental problem raised by climate change. This more or less help improve the principles of sustainable development and reflect the principles of sustainable development is a differentiated joint responsibilities principle that have an inalienable internal relation. Kyoto Protocol also played an active role in the process of sustainable development. It first ruled the specific time planning and steps arrangement of the emission of greenhouse gasses and varied emission load level of specific pollutant of specific countries. To the human history this is the first time that the binding provisions are made in the form of an international law. Also contribute to the climate change legislation is stepping into international constructive development stages.Many International environmental conventions define the principle of sustainable development as no mandatory internal implementation program. This includes redress system,reporting system,Environmental information collection and communication,Aid system and penalties and remedial measures. At present, to the entire international community, lacking of effective monitoring to the performance of varied countries is a problem. Even whether the specific countries have the capability to keep the appointment are unknown. It's impossible to carry out this principle in the same way in different countries by varied international community members. The principles of sustainable development also deeply influenced our country's environmental legislation. Making analysis from the point of view of Strengthening the legal establishment and target economy, technical feasibility. Balance the regulations between several environmental laws, clarifying the subject who response for the law enforcement making modifications to administrative rules and regulations formulated filling the lack of environmental elements or environmental work blanks in legislation field to make a further improvement of the legislation work of our country.
Keywords/Search Tags:international environmental law, principles of sustainable development, environmental protection
PDF Full Text Request
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