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2009年12月,在丹麦首都哥本哈根召开联合国气候变化大会,达成了没有法律效力的《哥本哈根协议》,从此人类社会步入后哥本哈根时代。《哥本哈根协议》维护了《京都议定书》以及《联合国气候变化框架公约》确定的“共同但有区别的责任”原则,该原则描绘出发达国家和发展中国家在承担全球环境退化责任问题上的大致轮廓。虽然应对气候变化符合每个国家的根本利益,但又事各国的经济利益和发展权益,所以该原则的地位、内容一直存有争议。从其构成要素来看,由共同责任和区别责任两个有机部分组成,但理解该原则的关键在于有区别责任原则。本文首先通过回顾共同但有区别责任原则概念的演变,再结合形势探讨了共同但有区别责任原则存在的主要问题,最后提出一些建设性的建议,以期推动该原则的改善。
In December 2009, the United Nations Climate Change Conference was held in Copenhagen, the capital of Denmark. The “Copenhagen Accord”, which has no legal effect, has been reached and human society has entered the post-Copenhagen era. The Copenhagen Accord maintains the principle of “common but differentiated responsibilities” set forth in the “Kyoto Protocol” and the “UN Framework Convention on Climate Change.” This principle describes the role of developed and developing countries in assuming responsibility for global environmental degradation The general outline. Although coping with climate change is in the fundamental interest of every country, it is also a matter of economic and development interests of all countries. Therefore, the status and content of this principle have been controversial. In terms of its constituent elements, it is composed of two organic parts, namely shared responsibility and differentiated responsibility, but the key to understanding this principle lies in the principle of differentiated responsibility. Firstly, by reviewing the evolution of the concept of common but differentiated responsibilities, this paper explores the main problems existing in the principle of common but differentiated responsibilities, and finally puts forward some constructive suggestions to promote the improvement of the principle.