构建包容性的世界经济发展与环境保护法治框架——以“人类命运共同体”理念为基础

Building an Inclusive Legal Framework for World Economic Development and Environmental Protection: Based on the Concept of “Community with Shared Future for Mankind”

如何协调国家经济发展与全球环境保护的关系是国际社会急需解决的难题。当前,无论是从意识上,还是从策略上,许多国家将经济发展与环境保护对立起来,将国内环境与全球环境区隔开来,这都是不正确的且不利于全球环境的治理。此外,现有的国际法未能有效处理国际社会经济发展与环境保护矛盾和冲突问题,其中,发达国家与发展中国家的利益和责任冲突尤为突显。为提升全球治理体系对各国相关问题的法律约束力,需要从理念和法律原则出发来变革现有治理体系。"人类命运共同体"作为中国提出的解决国家间矛盾的新型理念,可以在此基础上以包容性发展为导向,以实体法和程序法为切入点,构建以人为本、和平共赢、可持续发展的包容性国际法治框架,推动生态环境国际合作,实现在经济发展与环境保护相协调的目标。

Under the concept of“Community with Shared Future for Mankind”, how to balance national economic development and global environmental protection is an urgent problem facing the international community. Currently, some countries separate economic development from environmental protection and some even think that these two causes are in conflict with each other. This is obviously wrong and has a bad effect on the governance of global environment. In addition, the existing international law fails to effectively deal with the conflicts between international socio-economic development and environmental protection, especially the conflicts of interests and responsibilities between developed and developing countries. To enhance the legal binding force of the global governance system on related issues in various countries, it is necessary to reform the existing governance system from both concepts and legal principles. As a new concept proposed by China to solve the conflicts among different countries, the notion of“Community with Shared Future for Mankind” can provide the whole world with a new outlook for pursuing inclusive development. Under the guidance of this concept, we can proceed from building effective substantive and procedural laws and construct an inclusive international legal framework based on the principles of people-orientedness and peaceful and sustainable development for win-win results, so as to promote international cooperation in protecting ecological environment and achieve the goal of balancing economic development and environmental protection.