The Application Dilemma And Solution Of The Principle Of Common But Differentiated Responsibilities In Marine Environmental Governance

The principle of common but differentiated responsibilities(CBDR)is an important principle in international environmental law,and it has wide applicability in marine environmental governance: on one hand,all countries in the world should assume the “common responsibility” of protecting the marine environment;on the other hand,when determining the “differentiated responsibilities”,we should consider from a multi-dimensional perspective and comprehensively analyze the impact of different countries on the generation of marine environmental problems,the differences in the ability to develop marine resources,and the degree of benefit.The application of the principle of CBDR in marine environmental governance is a process from shallow to deep: the application of principles in marine environmental governance has become more diverse since the middle of the 20 th century,and it has been developed until this day.Although the application of principles in marine environmental governance has been relatively extensive,the specific effects of their application are not good: First,developed countries have not only failed to fully assume their due historical responsibilities,but are also unwilling to assume compulsory financial and technology assistance obligations in practice,and even try to weaken the effectiveness of the principle;compared with developed countries,although the principle is more affinity for developing countries,there are still certain difficulties in the process of application.The most obvious problem is that developing countries have a tendency to exaggerate“differentiated responsibilities”.At the same time,developing countries may have different positions and low legislative initiative in participating in international marine environmental governance.The main reason for this dilemma is that the nature of the principle is still controversial,and the international community lacks recognition of the principle;the connotation of the principle is not clear enough,and different countries have different understandings of the principle;the implementation of the principle is difficult,lacking a supporting system for effective implementation of principles.When solving different marine environmental issues,the principle of CBDR has also a certain degree of application difficulty: in the governance of ocean acidification,since the “Kyoto Protocol” gives the IMO jurisdiction in the field of international maritime emission reduction,it should build a mechanism under the guidance of the principle of common but differentiated responsibilities.However,the principle of equal emission reduction established by the IMO seriously violates the concept of common but differentiated responsibilities.Besides,the IMO sets mandatory ship technical standards for both developed and developing countries;In the governance of marine POPs,the “Stockholm Convention” clearly introduced the principle of common but differentiated responsibilities in some terms of financial and technical support,and established assistance obligations for developed countries.However,it is difficult to implement due to the lack of quantitative indicators;As to the protection of marine biodiversity,in the current negotiation process of the BBNJ international agreement that has attracted so much attention in international community,issues directly related to the principle of common but differentiated responsibilities are marine capacity building and technology transfer.There is a fundamental conflict of interest on this issue,whether the obligation is mandatory or voluntary has become a major obstacle in the progress of the negotiation.The difficulty in the implementation of the principle of common but differentiated responsibilities is a manifestation of the political power of various countries,but the international community is fully aware of the seriousness of marine environmental problems,and protecting the marine environment is in the common interests of all countries in the world.Therefore,all countries will work hard to find a way out of the problem together: at the theoretical level,under the premise of clarifying the legal attributes of the principle,it is necessary to further clarify the scope of its connotation;at the practical level,both developed and developing should adjust existing practices,and attach importance to the role of international organizations,strengthening international cooperation;at the institutional level,we can try to introduce the ocean clean development mechanism,establish a special marine environmental fund,create an authoritative and unified adjudication agency,and so on.For the application of the principles in some specific marine environmental issues,some targeted solutions can be further found: in the field of ocean acidification governance,we can promote the establishment of a market-based marine emission reduction mechanism;in marine POPs governance,the regional assistance center system can be further improved;and during the negotiation of the BBNJ international agreement,the principle of common but differentiated responsibilities should be clearly established in the terms of the final agreement.China must adhere to the principle of CBDR in participating in international marine environmental governance and strive to promote the development and improvement of principles: We should not only defend the international status of the principle,but also apply the principle flexibly to avoid falling into a passive situation in international negotiations;at the same time,we can endow the principle with vitality in the domestic law,which is not only useful for solving China’s increasingly severe ocean environmental issues but also conducive to more firmly support and promote the principle of common but differentiated responsibilities in international marine environmental governance affairs.