《巴黎协定》视角下的气候正义
发布时间：2019-06-14 00:03
【摘要】：气候变化关系到人类的生存与发展,积极应对气候变化事关全球经济社会发展全局和人类自身的切身利益。以此为背景,由于各国所处立场的不同和利益需求的差异,气候正义的确立就成为了首当其冲需要解决的问题。气候正义是对气候变化法律领域内多元价值冲突的正当性选择和平衡,气候正义问题的研究,有助于促进气候变化法律内部的价值协调,也有助于使国际社会统一目标达成共识,进而使应对气候变化的国际合作实践得到落实。在2015年达成的《巴黎协定》是一项具有法律约束力的适用于所有缔约方的国际协议,推动了全球气候治理体系的转型,它不仅为全球绿色转型注入了动力,也体现了世界各国利益的平衡,是全球气候治理进程的里程碑。《巴黎协定》在全球气候治理方式上,采取“自下而上”的治理方式,使“共同但有区别的责任”原则有了动态发展,也让法律形式呈现出多样性和灵活性。气候正义在应对气候变化的国际条约中最集中的表述就是“共同但有区别责任和各自能力”原则。中国在《巴黎协定》谈判进程中也作出了历史性的贡献,在全球气候治理的新形势下主动把握了优势和机遇。就如习近平主席强调,《巴黎协定》不是终点,而是新的起点。中国要积极应对气候变化,实现绿色低碳发展的新起点,进一步推动国内立法,不断提升气候治理能力,积极开展对外合作,展现负责任大国的风采。全文一共分为四个部分,第一部分主要为气候正义概述,包括气候正义的具体内涵以及气候正义依据不同标准所进行的分类;第二部分主要阐述的是《巴黎协定》对气候正义的具体落实,包括基于承诺的“自下而上”的国家自主贡献减排模式的主要内容和推行的优势,以及从气候正义原则的发展史到相关国际议题的具体适用的角度分析了共同但有区别责任和各自能力原则;第三部分主要讨论了全球气候正义的实现路径,分配正义和矫正正义在《巴黎协定》中的实现方式以及发达国家实现矫正正义的现实可能;第四部分主要探讨的是《巴黎协定》中气候正义对我国的影响,包括我国国内有关法律法规的修订,我国在应对气候变化时所持的立场以及我国在全球气候治理中起的积极作用。
[Abstract]:Climate change is related to the survival and development of human beings, and actively dealing with climate change is related to the overall situation of global economic and social development and the vital interests of human beings themselves. In this context, due to the different positions of countries and the differences in interests and needs, the establishment of climate justice has become the first problem to be solved. Climate justice is the legitimate choice and balance of pluralistic value conflicts in the field of climate change law. the study of climate justice is helpful to promote the value coordination within climate change law, and to make the international community reach a consensus on the unified goal, so that the international cooperation practice to deal with climate change can be implemented. The Paris Agreement, reached in 2015, is a legally binding international agreement applicable to all parties that promotes the transformation of the global climate governance system. It not only reinforces the global green transformation, but also reflects the balance of interests of all countries in the world and is a milestone in the process of global climate governance. The Paris Agreement adopts a "bottom-up" approach to global climate governance. The principle of "common but differentiated responsibilities" has been developed dynamically, as well as the diversity and flexibility of legal forms. The most concentrated expression of climate justice in international treaties to deal with climate change is the principle of "common but differentiated responsibilities and respective capabilities". China has also made historic contributions to the negotiation process of the Paris Agreement and has taken the initiative to seize advantages and opportunities under the new situation of global climate governance. As President Xi Jinping stressed, the Paris Agreement is not the end, but the new starting point. China should actively deal with climate change, achieve a new starting point for green and low-carbon development, further promote domestic legislation, constantly enhance climate governance capacity, actively carry out foreign cooperation, and show the demeanor of responsible powers. The full text is divided into four parts, the first part is an overview of climate justice, including the specific connotation of climate justice and the classification of climate justice according to different standards; The second part mainly expounds the concrete implementation of climate justice in the Paris Agreement, including the main contents and advantages of the committed "bottom-up" national ownership contribution emission reduction model, as well as the analysis of the principle of common but differentiated responsibilities and their respective capabilities from the perspective of the development history of climate justice principles to the specific application of relevant international issues. The third part mainly discusses the realization path of global climate justice, the way of realizing distribution justice and corrective justice in the Paris Agreement, and the realistic possibility of realizing corrective justice in developed countries. The fourth part mainly discusses the influence of climate justice on our country in the Paris Agreement, including the revision of relevant laws and regulations in our country, the position taken by our country in dealing with climate change and the positive role played by our country in global climate governance.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996.9
本文编号：2498926
[Abstract]:Climate change is related to the survival and development of human beings, and actively dealing with climate change is related to the overall situation of global economic and social development and the vital interests of human beings themselves. In this context, due to the different positions of countries and the differences in interests and needs, the establishment of climate justice has become the first problem to be solved. Climate justice is the legitimate choice and balance of pluralistic value conflicts in the field of climate change law. the study of climate justice is helpful to promote the value coordination within climate change law, and to make the international community reach a consensus on the unified goal, so that the international cooperation practice to deal with climate change can be implemented. The Paris Agreement, reached in 2015, is a legally binding international agreement applicable to all parties that promotes the transformation of the global climate governance system. It not only reinforces the global green transformation, but also reflects the balance of interests of all countries in the world and is a milestone in the process of global climate governance. The Paris Agreement adopts a "bottom-up" approach to global climate governance. The principle of "common but differentiated responsibilities" has been developed dynamically, as well as the diversity and flexibility of legal forms. The most concentrated expression of climate justice in international treaties to deal with climate change is the principle of "common but differentiated responsibilities and respective capabilities". China has also made historic contributions to the negotiation process of the Paris Agreement and has taken the initiative to seize advantages and opportunities under the new situation of global climate governance. As President Xi Jinping stressed, the Paris Agreement is not the end, but the new starting point. China should actively deal with climate change, achieve a new starting point for green and low-carbon development, further promote domestic legislation, constantly enhance climate governance capacity, actively carry out foreign cooperation, and show the demeanor of responsible powers. The full text is divided into four parts, the first part is an overview of climate justice, including the specific connotation of climate justice and the classification of climate justice according to different standards; The second part mainly expounds the concrete implementation of climate justice in the Paris Agreement, including the main contents and advantages of the committed "bottom-up" national ownership contribution emission reduction model, as well as the analysis of the principle of common but differentiated responsibilities and their respective capabilities from the perspective of the development history of climate justice principles to the specific application of relevant international issues. The third part mainly discusses the realization path of global climate justice, the way of realizing distribution justice and corrective justice in the Paris Agreement, and the realistic possibility of realizing corrective justice in developed countries. The fourth part mainly discusses the influence of climate justice on our country in the Paris Agreement, including the revision of relevant laws and regulations in our country, the position taken by our country in dealing with climate change and the positive role played by our country in global climate governance.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D996.9
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