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On Enforcing The Principle Of Common But Differentiated Responsibilities In Ruling International Climate Environment By Law

Posted on:2015-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:N PengFull Text:PDF
GTID:2266330428468062Subject:Environment and Natural Resources Protection Act
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Because of the commonality of the climate resources and the globality of the climate environmental issues, human beings bear a common responsibility of protecting climate environment. At present the international community has reached a consensus on the common responsibility of protecting climate environment, but the common responsibility is not equal to same responsibility. However, in reality, due to a variety differences in national history, economy, population, Natural resources and the cause of global warming, base on this the principle of common but differentiated responsibilities came into being. The national climate environment responsibility is divided into two parts as "the common" and "the specific" With rapid development of international climate environmental legislative work, and being clarity of the core issue of international climate environmental negotiations, the process of enforcing the principle encountered in real troubles. It had to find out how to enforce the principle better in ruling international climate environment by law as soon as possible. And it is not only beneficial to promote closer cooperations between the developing countries and developed countries on protecting global climate environment, and also has a great of important practical significances of improving the global climate environment and achieving a goal of ruling international climate environment by law.As so as basic connotations of the principle have fully illustrate that the principle has played an important guiding role in ruling international climate environment by law and those international climate environment summits. Coming into a conclusion that the principle needs to be continue performed and to play an more important guiding role in protecting international climate environment and achieving international climate justice value.Main causes why the principle is difficult to enforce which are including the internal causes and the external causes. First of all, the internal causes that at the beginning of formation of the principle there is not systematic theory attribute to the principle’s abstract, therefore the theoretical basis remains to be perfected. Beside that there are still some design Defects in international climate environment institutions, which lead to that while enforcing the principle there are not scientific theories and effective technical supports for it. Secondly, the external causes that there are great differences in the interests of the states. It is lacking of effective international consultation mechanism and platform in international climate negotiations. For this there are inadequate dialogues and cooperations between developing countries and the developed countries on the principle, which led to a great of gaps and differences on the recognition of the principle between each other and brought resistances in the process of enforcing the principle.Internationally, there are three paths to provide the legal and technical supports for enforcing the principle better. Firstly it had to enrich and develop the connotation and content of the principle by building a scientific quantitative standard system for performing the common responsibilities and the specific ones. Secondly it had to improve those international climate environmental institutional designs. Thirdly it need to create good exterior international conditions for enforce the principle by being co-action of many-party forces. Domestically, taking China as one of member states of "BASIC" and one of developing country as an example to promote enforcing the principle from two aspects such as promoting closer cooperations between each other by skillful the international climate negotiations, and strengthening the domestic ability to cope with climate change to perform the common responsibilities of protecting climate environment.
Keywords/Search Tags:Principle of common but differentiatedresponsibility, The ruling of international climate by law, Quantitative standard system, Institutional
PDF Full Text Request
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