论国际环境法的共同但有区别责任原则

On the Principle of Common but Differentiated Responsibility in International Environmental Law

国际环境法中共同但有区别责任原则因体现谋求优先发展经济的利益诉求,获得大部分发展中国家认同。但该原则的地位、内容一直存有争议。随着中国、印度等发展中大国碳排放日益增长,在后续气候谈判中如仅以发展中国家身份不参加实质减排,将面临极大压力。因此,探讨该原则的地位以及承担责任的依据,对于确定发达国家与发展中国家应对气候变化所应承担的共同责任以及各自应承担的义务,将具有重要意义。以造成全球环境退化的历史责任作为确定责任,尤其是区别责任依据的局限性已很明显,应以各国自身能力作为承担责任的补充依据,强化并促成该原则的实践品格。

Incorporating the claims for taking developing economy as the priority,the Principle of Common but Differentiated Responsibility（hereinafter called CBDR）,though remains controversial on its nature and content,it has been widely recognized by the majority of developing countries.Owing to sharply increase in carbon emission,developing countries such as China and India will find it difficult to resist great pressure if they attempt to continue rejecting the obligation of voluntary reduction of emission only under the cover of the character as developing countries.Therefore,it is of great significance to analyze and clarify the nature and content of CBDR for allocating respective obligations among countries in jointly dealing with the global climate change.Only to impose obligations on developed countries owing to their historical faults is hard to obtain universe recognition,to enhance better the practicality of CBDR,respective capacity of countries shall be taken as an important criteron when allocating obligations among countries.