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对《联合国气候变化框架公约》中的应对气候变化责任原则的准确表述应当是“共同但有区别的责任和各国能力的原则”。它包括“共同但有区别的责任”原则和“各国能力”原则两个方面的内容。前者的责任分担原则以温室气体排放量为依据,后者以应对气候变化的能力为依据;前者体现的法理是行为者负担,后者体现的法理则是能者多劳。共同但有区别的责任原则正在失去对中国等大国的主张的支持力。各国能力原则中的“能力”包括多个方面的内容,其中人均国民收入、工业化水平和能源结构等对我国寻求责任分担上的公平待遇更为有利。
The accurate formulation of the principle of responsibility for climate change in the UN Framework Convention on Climate Change should be “the principle of common but differentiated responsibilities and capabilities of all nations.” It includes both the principle of “common but differentiated responsibilities” and the “competence of nations” principle. The former principle of sharing responsibility is based on the amount of greenhouse gas emissions, while the latter is based on the ability to cope with climate change. The former reflects the legal principle is the burden of actors, while the latter reflects the law is able to do more. The common but differentiated principle of responsibility is losing its support for the claims of big powers such as China. The “ability” in the principle of capability of nations includes many aspects, of which national income per capita, level of industrialization and energy structure are more favorable to our country to seek fair treatment of the sharing of responsibilities.