可持续发展原则的法理探析

Discussion and analysis of jurisprudence on the principle of sustainable development

可持续发展原则作为环境保护方面的重要原则 ,为国内法与国际法所确认 ,着重强调环境与发展关系的协调。而可持续发展作为一种发展理论运用于国内和国际发展时却有一定的差别 ,因而在此基础上产生的法律与发展研究中的可持续发展原则也在国内法与国际法中有着不同的立场。国内法强调对环境资源的合理利用和科学整合 ,国际法注重对环境资源的有效保护和对国际义务的承担。由此 ,国际环境法中的可持续发展原则在内容上也应有所体现 。

As an important principle of the environmental protection, the principle of sustainable development has been acknowledged by the national law and international law, which emphasizes the coordination of the environment and the development. And there is certain difference when sustainable development is used as a kind of development theories in the domestic and international developments. As a result there is also different position in the national law and international law during research on law and development based on this foundation. It emphasizes the reasonable exploitation and scientific conformity of the environment resources protection in national law, and it emphasizes valid protection and taking on international duty of the environment resources in international law. So the principle of sustainable development in international environmental law also should be embodied on the contents, and this kind contents concerning environmental protection also can be regarded as reference gist to solve the relation of the international environment and development.