论国际气候合作中的共同但有区别责任原则

发布时间：2018-09-09 12:48

【摘要】：共同但有区别责任原则是一项国际环境法的基本原则。作为国际环境法的一项新兴原则,其从产生到发展仅仅经历了短短几十年的时间,但该原则在国际环境法的实践中,却起到了举足轻重的作用。在国际气候合作领域,共同但有区别责任原则是一项重要的原则,出现在《联合国气候变化框架公约》、《京都议定书》等重要国际环境法律条约中,但是该原则在法律效果上并没有达到预期的效果,其中的原因很多,而这其中重要的问题便是如何对共同但有区别责任原则进行界定和运用。本文结合当今气候变化国际合作的现状,运用法律解释学中的诸多解释方法,对共同但有区别责任原则的相关问题进行研究和思考。通过深入分析国际气候合作中的共同但有区别责任原则,为我国相关立法和实践提供些许参考。本文序言部分对国际气候合作中的共同但有区别责任原则作了简要的引述。介绍了共同但有区别责任原则的现状和内容,阐述了它对国际气候变化合作的重要意义以及如何进一步发展。正文主要分为三个部分。首先,详尽考察了共同但有区别责任原则的产生和发展,用历史研究方法将共同但有区别责任原则从产生、确立到发展的过程进行了详细的探讨。并分析了在国际气候合作条约中,共同但有区别责任原则的具体应用情况。其次,在承接前一部分历史分析的基础上,本文结合气候变化国际制度的实践分析了共同但有区别责任的内涵和地位,尤其具体介绍了“区别责任”的内容。共同但有区别责任原则作为国际气候合作的基石,具有重要的基础地位。并运用法律价值分析方法对共同但有区别责任原则的合理性进行了分析,深刻剖析了该原则背后的国际法基础,为运用该原则提供了理论支持。最后,本文对如何在国际气候合作实践中完善共同但有区别责任原则进行了分析。在分析了共同但有区别责任原则存在的不足的基础上,提出了完善和发展共同但有区别责任原则的设想。并结合我国的国情,分析了我国在气候变化领域对共同但有区别责任原则的借鉴路径,并提出了对我国低碳模式下新型气候法律制度的具体构建。
[Abstract]:The principle of common but differentiated responsibilities is a basic principle of international environmental law. As a new principle of international environmental law, it has only experienced a few decades from its emergence to development, but it has played an important role in the practice of international environmental law. In the field of international climate cooperation, the principle of common but differentiated responsibilities is an important principle, which appears in important international environmental law treaties such as the United Nations Framework Convention on Climate change and the Kyoto Protocol. However, the legal effect of this principle has not reached the expected effect, among which there are many reasons, and the important problem is how to define and apply the principle of common but differentiated responsibility. According to the current situation of international cooperation on climate change, this paper studies and ponders the related problems of the principle of common but differentiated responsibilities by using many interpretation methods in legal hermeneutics. Through in-depth analysis of the principle of common but differentiated responsibilities in international climate cooperation, this paper provides some references for the relevant legislation and practice of our country. The preamble briefly quotes the principle of common but differentiated responsibilities in international climate cooperation. This paper introduces the present situation and content of the principle of common but differentiated responsibilities, and expounds its significance for international cooperation on climate change and how to develop it further. The text is divided into three parts. First of all, the emergence and development of the principle of common but differentiated responsibility are investigated in detail, and the process of establishing and developing the principle of common but differentiated responsibility is discussed in detail with the method of historical research. The application of the principle of common but differentiated responsibilities in international climate cooperation treaties is analyzed. Secondly, on the basis of the previous part of the historical analysis, this paper analyzes the connotation and status of common but differentiated responsibilities, especially introduces the content of "differentiated responsibility" in combination with the practice of the international system of climate change. As the cornerstone of international climate cooperation, the principle of common but differentiated responsibilities plays an important role. The rationality of the principle of common but differentiated responsibility is analyzed by using the method of legal value analysis, and the foundation of international law behind the principle is deeply analyzed, which provides theoretical support for the application of the principle. Finally, this paper analyzes how to perfect the principle of common but differentiated responsibilities in the practice of international climate cooperation. Based on the analysis of the shortcomings of the principle of common but differentiated responsibilities, this paper puts forward the idea of perfecting and developing the principle of common but differentiated responsibilities. Combined with the situation of our country, this paper analyzes the reference path of our country to the principle of common but differentiated responsibility in the field of climate change, and puts forward the concrete construction of the new climate legal system under the low carbon model of our country.
【学位授予单位】：河北经贸大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.9

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