The Study On National Environmental Responsibility In The Bilateral Treaty

With the rapid development of the global economy is accompanied by deteriorating global environment and natural resources becoming depleted. With the requirement of protecting human environment in international environmental cooperation enhanced, the international environmental law is blooming and flourishing in a good way. While a wide variety of substantive rules in common law, treaty law, imperative law increasing, the execution fact of national environmental obligations is not satisfactory. The catastrophic cross-boundary environmental pollutions occurred frequently, the phenomenon of the contravention of environmental obligations didn’t get paralyzed, a mass of victims couldn’t get necessary compensation. The main reason of such situations is the lack of perfect responsibility system in international environmental law. To solve this problem, nations usually take the form of international environmental cooperation, mainly through bilateral environmental treaties, multilateral environmental treaties and international environmental conventions to achieve. Due to extensive international environmental issues, multilateral environmental treaties and international environmental conventions often need more sovereign states to join in. But when more participants of the treaty involved, its provisions will become more inclined to the principles, because they had to compromise to reach agreement in order to make each sovereign country can accept. Because of this, the bilateral treaties on environmental protection reflect their own merits that better able to ensure compliance with the treaty and fulfill the responsibilities of both the relevant States. The requirements have always been strict in national environmental responsibility of the bilateral treaties. Unlike the multilateral treaties, the national environmental responsibility in bilateral treaties should take more in the costs and risk side. And the national environmental responsibility can get global identity easier. But to achieve national environmental responsibility, the bilateral cooperation should nail down the cooperation area and serve as focused references on those subjects to fulfill the national environmental responsibilities. The national environmental responsibilities in the bilateral treaties should not just stay written in a paper, it should get process in the negotiation and agreement to make sure that workable. As a responsible developing country, China has taken a proactive approach in the international environmental cooperation. China has signed a large number of bilateral environmental cooperation agreements or memoranda with the United States, Japan, Russia and other42countries, and also carry out several environmental cooperation programs with the European Union, Germany, Canada and other13countries or international organizations in bilateral aid items. It’s really remarkable that has achieved paramount success in fulfilling the national environmental responsibilities and promoting sustainable development.It will help us to see and solve this national responsibility problem of bilateral environmental treaties in a correct way when through deep analysis about national environmental responsibilities’ extensional definition, foundation, present situation, significance and contents, qualities of national responsibility. In the same time, we can look ahead to a promising future of more environmental cooperation between China and Germany. Not only promoting international environmental cooperation process sharply but also providing some references and suggestions to upgrade China’s environmental protection work all around.