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The New Challenge And Corresponding Measures To "The Principle Of Common But Differentiated Responsibility"

Posted on:2013-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:T JiangFull Text:PDF
GTID:2256330401451271Subject:International law
Abstract/Summary:PDF Full Text Request
The climate problem is an important test of the human society which we have toface today, it relates to the global development, and even the survival of mankind.Since1992the “United Nations Framework Convention on Climate"(referred as “thePrinciple”), the Principle has been established and as a very important principle ininternational climate cooperation, especially the1997"Kyoto Protocol" as a trulylegally binding document, fully implement the Principle, which indicates that thedevelopment and application of the principle has reached to a new level. But aftersigning, Kyoto Protocol encounters many obstacles from developed countries; in fact,the "Kyoto Protocol" is facing a legally binding degradation crisis. In particular, since2009the climate conference in Copenhagen, although climate conference can achievecertain result in financial assistance and technology transfer, but cannot pass throughgenuine and binding legal documents, This shows the principle blurred in thedirection of development, its role in the climate of international cooperation will beless important, and will face new more challenges.The author believes that the Principle also need to develop and perfect at presenttime, Mandatory emission reduction obligations established by the Kyoto Protocol, ifcannot be insisted it would be difficult to prevent the deterioration of the climateproblem fundamentally. From the current situation, with the emergence of a variety ofnew situations, the climate of international cooperation has to face many newdifficulties, so it is necessary for a summary to the current problems.So this article start with first chapter which is basically about why the authorchoose this subject and what the point of this choice and analyze the statue of theresearch,the second chapter is on the object of new challenges–the Principle’smeaning, value basis, then analyzes its necessity, conduct its feasibility studies, thensort out its developing process. The third chapter is about the theory challenges of thePrinciples, including the rise of climate skepticism as well as the principlesthemselves facing a stress within two aspects. Chapter four is mainly analysis ofchallenges the Principle faces on political area, including the developed countriesunilaterally quit the climate of international cooperation mechanisms and the climatenegotiations deadlock, and analyze the reason from the aspects of international rule oflaw and international politics reasons. Chapter five is analysis of the new challenges from the economic aspect including the impact on the principles from the2012EUimposing carbon tariffs on the unilateral trade measures, and resistance from theenterprise in the climate of international cooperation, and then analyzes the reasonsbehind. Chapter six is to provide measures to meet these challenges. The first part isthe specific measure which is improve the Principle itself, followed by starting theimprovement of the international environmental legal system, the third is that from theperspective of international politics, emphasizing dialogue and cooperation betweenthe North and the South, the fourth is from an economic point of view put forwardrecommendations to improve the carbon emissions market mechanism. The secondpart is to present our position when encounter the climate problem, including theresolutely support for the Principle and protecting the interests of developingcountries, taking responsibility which consistent to our ability and so on.
Keywords/Search Tags:climate change, climate of international cooperation mechanism, commonbut differentiated responsibility principle, new challenges
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