Common But Differentiated Responsibility Principle Under The Perspective Of Climate Change

The integrity of the human environment determines the commonality ofenvironmental responsibility. We only have one earth. Therefore, to protect the onlyhuman survival home--the environment of earth has became a global consensus. Inresponse to the global environmental crisis, no one can keep out of it. On globalenvironmental problems, human beings bear a common responsibility. Nevertheless,in reality, due to differences in history, economy, politics, population, territory, naturalresources and other factors of each country, as well as different capabilities ofdifferent countries in crisis dealing, the responsibility of each state in the internationalcommunity is also different. Thus, in the process of coping with the globalenvironmental crisis, the common but differentiated responsibilities principle cameinto being.The main reason to select the perspective of climate change on this principle isbased on two considerations: First, the common but differentiated responsibilitiesprinciple as a basic principle of international environmental law, with certainprinciples and abstract simple theory to be the interpretation is difficult to truly knowthe principles of basic connotation, for value. At the same time, in the specificpractice, there are many plight, especially in the field of climate change, theimplementation of this principle there is a big controversy, so the selected climatechange as an example to demonstrate the principle it is necessary and meaningful;Second, the common but differentiated responsibilities principle be applied to manyinternational environmental field, but it is undeniable that this principle from theorigin of the development and application is reflected in the field of climate change,climate change field the principle of application development best stage show.Therefore, how deeply aware of, understand and grasp this principle, it becomes apositive and rich the subject of the significance of the times, which is why we studythis problem in the first place.For the study of this principle, we must first clarify the ins and outs of thisprinciple, I selected the unique perspective of climate change, investigated in detailthe course of development, the main course of development are as follows: infancy: the Stockholm Conference to initially proposed to: the Montreal Protocol wasofficially formed: the strict application of the Rio Conference to twists and turns ofthe Kyoto Protocol period: the post-Kyoto era meeting (the meeting of fourrepresentative analysis, from the Bali Roadmap to Copenhagen to Cancun meeting toDurban Conference). Through the above analysis, which later developed the ins andouts of this principle from the original generation to have a detailed understanding,also lay the foundation for analysis of the principles behind the origin of this principleto sort out;The interpretation of the connotation of common but differentiated responsibilityprinciple, we understand and grasp this principle. The key and core of this principle is"differentiated responsibilities", through the manifestation of the differentiatedresponsibilities in international environmental law documents which had beenprovided; the difference between standard definition; manifestations of differentialtreatment; analysis of these aspects of the nature of the differential treatment do to beable to have an understanding of the key and core of this principle-the differencebetween responsibility. Selected interpret the connotation of this principle on the basisof this principle is closely related to principles of international cooperation,sustainable development principles and polluter pay principle, the basic principles ofinternational environmental law, on these three a principle of common butdifferentiated responsibilities principle relations were discussed, the relationshipbetween the comparison of their common but differentiated responsibilities principleto reflect the status of international environmental law.Common but differentiated responsibilities principle to get more support andrecognition, the key to this principle should have real legitimacy. To seek the basis ofthis principle was established mainly from four aspects of argument: First, to prove itslegitimacy from the principles of international law practice, that of common butdifferentiated responsibilities principle of international law, fair and impartialapplication of the principle of common but the principle of differentiatedresponsibilities is the precedent of international law; demonstrated from theperspective of distributive justice on the legitimacy of this principle, the main use ofAristotle’s distributive justice theory for deep analysis; from sustainable developmentthe angle of the legitimacy of the principle of the analysis and demonstration, fromthe requirements of sustainable development of the global environment Communitysustainable and to conduct feasibility studies from several angles of the connotation of sustainable development and sustainable development of the theoretical basis; fourfrom The per capita responsibility and historical responsibility and the transfer ofemission angle to demonstrate the legitimacy of this principle; deepen the argument ofthe above four aspects, and ultimately to prove that this responsibility is anappropriate responsibility, the nature of legitimacy is beyond doubt the. The processof argumentation, as an example of climate change adopted empirical analysis of thisprinciple to deepen the argument to this principle.It is undeniable that the current common but differentiated responsibilitiesprinciple in the specific implementation encountered difficulties, the difficulties facedby climate change perspective, the implementation of this principle in the area ofclimate change to analyze: one, in response to climate change understanding might bereached consensus on how to practice this principle is difficult to reach agreement; onthe issue of climate change, has signed contains the common but differentiatedresponsibility principle of international treaties for effective implementation. Next inthe field of climate change, implementation of common but differentiatedresponsibilities principle of existence of the plight of the root causes analysis, pointedout that the common but differentiated responsibilities principle of its own limitations,the world’s understanding of the principle of common but differentiatedresponsibilities, as well as countries around the world common but differentiatedresponsibility principle in the application of the respective interests of the demands ofthe common cause of the plight of its current implementation. The relevant theoreticalknowledge and use of game theory to analyze the plight of the implementation of thisprinciple come to the national game for the climate negotiations actually hiddenbehind the considerations of national economic interests.The face of this principle encountered in the implementation of the abovepredicament, puts forward the appropriate four implementation path: the path a:common but differentiated responsibilities principle in the field of climate change topromote the legalization process; path: in the climate changes in areas of common butdifferentiated responsibilities implementation of the principle set the quantitativecriteria of science; path: to establish an effective consultation mechanism in the fieldof climate change and promote the implementation of common but differentiatedresponsibility; path four: play international organizations in the field of climatechange in promoting the unique role in the implementation of the principle ofcommon but differentiated responsibilities. Focus on the above path in the path of two differentiated responsibilities quantitative discussed and quantified programindustrialized cumulative per capita emissions targets ", the" per unit of GDP percapita emissions targets as to quantify the different countries responsibility newindicators. The ultimate goal of this principle lies in practice how to use the principleof best interest for our country. Climate change, for instance, China in practice, howto choose, the author proposes that China should co-ordinate better international anddomestic situations, international and domestic responses to these two pathtwo-pronged approach to deal with that in the international climate negotiations in ourcountry adhere to common but differentiated responsibilities principle of this position,and should have skills to apply this principle to provide support for our internationalclimate negotiations, as well as to avoid disputes in the field of other internationalenvironmental support.In the perspective of climate change, this principle at this unique perspective onits course of development were investigated in detail, the main course of developmentare as follows: infancy: the Stockholm Conference to initially proposed: to MontrealProtocol was officially formed: the strict application of the Rio Conference→twistsand turns of the Kyoto Protocol period: the meeting of the post-Kyoto era (mainlyfour representative meeting the Copenhagen conference to Cancun meeting, that is,from the Bali Roadmap to Durban Conference). Through the above analysis, in orderto have a detailed understanding of the ins and outs of this principle later developedfrom the original generation to sort out the origin of this principle also lay thefoundation for analysis of the principles;Next, the author connotation of common but differentiated responsibilitiesprinciple interpretation, pointed out that the key and core of this principle is"differentiated responsibilities", followed by the manifestation of the provisions ofdifferentiated responsibilities in international environmental law documents whichwere analyzed Finally, explore how to define the difference between standard;manifestations of differential treatment; these three aspects of the analysis of thenature of the differential treatment, so the key and core of this principle-thedifference between the responsibility to have an understanding of. Based on theinterpretation of the connotation of this principle clear, I selected the relationshipbetween this principle and the main principles of international environmental lawdiscusses selected closely related to this principle the principle of internationalcooperation, sustainable the basic principles of the development principles and polluter pay principle of international environmental law, the three principles ofcommon but differentiated responsibilities principle relations discussed by comparedto a few principles of common but differentiated responsibilities principle status ofinternational environmental law is made to think.The key to obtain more support and recognition for common but differentiatedresponsibilities principle lies on substantive legitimacy of this principle. In this articlethe author is committed to seek the basis of this principle was established, mainly todemonstrate the following four aspects: First, to prove its legitimacy from theprinciples of international law practice, that of common but differentiatedresponsibilities principle of international law, fair, impartial application of theprinciple of common but differentiated responsibilities principle of international lawprecedent; demonstrated the legitimacy of this principle from the perspective ofdistributive justice, the main use of Aristotle’s distributive justice theory for deepanalysis; from the perspective of sustainable development on the legitimacy of thisprinciple, the analysis and demonstration, from the requirements of sustainabledevelopment of the global environment Community sustainable and from theconnotation of sustainable development and sustainable development of thetheoretical basis of these the perspective of the argument; from the perspective of percapita responsibility and historical responsibility and the transfer of emissions todemonstrate the legitimacy of this principle; by the above four areas to deepen theargument, that this responsibility is an appropriate responsibility, has the nature oflegitimacy is beyond doubt.To climate change as an example, using empirical analysisto deepen the argument, to enrich the principle of this principle.It is undeniable that the common but differentiated responsibilities principle inthe specific implementation encountered difficulties, the author or through theperspective of climate change on this principle in the field of climate change in theimplementation difficulties faced by the analysis of: a, in response to the relevantinternational treaty on climate change, understanding may reach a consensus on howto practice this principle is difficult to reach agreement; on the issue of climate change,has signed contains the principle of common but differentiated responsibilities foreffective implementation of. Next in the field of climate change, implementation ofcommon but differentiated responsibilities principle of existence of the plight of theroot causes analysis, pointed out that the common but differentiated responsibilitiesprinciple of its own limitations, the world’s understanding of the principle of common but differentiated responsibilities, as well as countries around the world common butdifferentiated responsibility principle in the application of the respective interests ofthe demands of the common cause of the plight of its current implementation. Therelevant theoretical knowledge and use of game theory to analyze the plight of theimplementation of this principle, come to the national game for the climatenegotiations actually hidden behind the considerations of national economic interests.Encountered the face of this principle in the implementation of the abovepredicament, I propose a suitable implementation of the path, mainly in the followingfour paths, the path to promote the common but differentiated responsibilitiesprinciple of legal process: in the field of climate change; path common butdifferentiated responsibilities implementation of the principle set the quantitativecriteria of science: in the field of climate change; path III: to establish an effectiveconsultation mechanism in the field of climate change, promote the implementation ofcommon but differentiated responsibility; path four: in the field of climate changeplay of international organizations in promoting common but unique role in theimplementation of the principle of differentiated responsibilities. Focus on the abovepath in the path of two differentiated responsibilities quantitative discussed andquantified program industrialized cumulative per capita emissions targets ", the" perunit of GDP per capita emissions targets as to quantify the different countriesresponsibility new indicators. The ultimate goal of this paper, this principle is how toapply the principles in practice, for our best interest. Climate change, for instance,China in practice, how to choose, the author proposes that China should co-ordinatebetter international and domestic situations, international and domestic responses tothese two path two-pronged approach to deal with that in the international climatenegotiations in our country to adhere to common but differentiated responsibilitiesprinciple this position, an analysis of the skills of how to apply this principle andapplication of this principle, to provide support for China’s international climatenegotiations.