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The Common But Differentiated Responsibility Principle Analysis

Posted on:2014-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:X YangFull Text:PDF
GTID:2296330467965156Subject:Public international law
Abstract/Summary:PDF Full Text Request
Since20th century, the environment problem has become the international problem froma country or regional issue, which has the serious wide influence, and with “peace” and“development” be the biggest three main themes of the world. In the three main themes,environmental protection is undoubtedly the most important, the most lasting, the most basicproblem, because of the political, economic, public security and other issues are all internalrelations, the environment problem is the relationship between the human society and itsexternal nature. According to the IPCC’s (Intergovernmental Panel On Climate Change)assessment report, the basic facts of global climate change have shown that billions of peopleare drinking contaminated water, surface contaminated by as much as70%in some countries,the world has a water stress of the population of2billion;64countries suffered the threat ofdesert; desertification area is45million hectares, the destruction of tropical forests has mademore than200kinds of animals and20000plants threatened with extinction; Solid wastepollution emissions are400million tons, all kinds of waste comprehensive utilization rate wasonly24.6%, city garbage and feces was146million tons, pickup; Melting polar ice makes theglobal sea level rose10to20cm; The concentration of carbon dioxide in the atmosphere hasreached368PPMV volume, is the highest in the past420000years.These environmental problems are increasing the domestic and international disputes,and trigger the willing of taking consistent action under the guidance of the internationalcommunity. And based on common interests and the principle of sustainable development,through the international environmental conventions concluded in different areas, theinternational community has been clear about the responsibility countries should bear. Eventhough the convention clearly sure on common responsibility, however, because of thedifference of economic development, the interest of the community exist the different division.On the one hand, in the history, a few developed countries cause the pollution by wasting toomuch, and continue to deprive the resources of the developing countries; on the other hand,the poorer developing countries are forced to bear the pollution and environmental damagemade by developed countries, and forced to endanger the ecological negative way to meet thebasic life need. People gradually realized that the different behavior should be treated differently. And developed countries should take more than developing countries the mainresponsibility for the environmental crisis.The principle of common but differentiatedresponsibility(CBDR)then arises at the historic moment, reflects the environmental problemsrequire both global cooperation, and demanded to discriminate based on national differences,special emphasis on the importance to the role of developing countries.This article is divided into five parts, the first part introduces the emergence anddevelopment of the principle of CBDR. Through the review of the background and process ofthe principle of CBDR, suggests the principle harmonic the contradiction of developingcountries and developed countries and in line with international environmental protectionneeds. The second part has carried on the theoretical analysis of CBDR, including the conceptand content, nature and effectiveness, and so on. The third part introduces the practice ofprinciple of common but differentiated in the main practice in international treaties. Thefourth part, according to the theory of the third part, is the practice situation, further analyzethe problem of the principle arising from the implementation. Capital system is the core in thepractice of principle, and put forward to strengthen financial assistance and technologytransfer system. Finally, the article briefly introduces Chinese attitude and its implementationstatus to the principle. By the above, we believe, through the efforts of the internationalcommunity, the principle of CBDR will eventually play an enormous role in the field ofinternational environmental protection.
Keywords/Search Tags:Common but differentiated responsibilities principle, Globalenvironmental problem, International environmental law, Financial assistance, Technology transfer
PDF Full Text Request
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