"后京都时代"与"共同而有区别的责任"原则

《京都议定书》中给予发展中国家削减温室气体排放的豁免期截止于2012年,这使得“后京都时代”国际气候制度谈判的重点不可避免地要触及到发展中国家实质性义务的承担。作为最大的发展中国家和世界上第二大温室气体排放国,中国将在这一阶段面临前所未有的压力和挑战。笔者认为,在国际立法场合,中国仍应积极主张国际法所确立的“共同而有区别的责任”原则,在坚持国家利益的同时,积极维护国际环境义务的南北平衡。     

Meeting Human Development Goals with Low Emissions : An Alternative to Emissions Caps for post-Kyoto from a Developing Country Perspective

This paper proposes a post-Kyoto scenario on commitment issues from a developing country perspective in which commitments by developing countries will be linked to human development goals as the first priority and ultimate goal, and then translated to carbon goals. Three different types of commitments are discussed with particular reference to developing country participation, including voluntary, conditional and obligatory. For low-carbon development, there should be no luxurious emissions but human development needs should not be compromised. A progressive and internationally coordinated taxation on carbon is suggested as an incentive mechanism under this approach. However, there are a few issues requiring further examination, including specification of basic needs and determination of progressive tax rates.     

Multi-Stage: A Rule-Based Evolution of Future Commitments under the Climate Change Convention

This article presents the regional emission targets corresponding to different climate regimes for differentiating commitments beyond 2012 on the basis of the Multi-Stage approach. This approach assumes a gradual increase in the number of Parties involved and their level of commitment according to participation and differentiation rules. The analysis focuses on two global greenhouse gas emission profiles resulting in CO₂-equivalent concentrations stabilising at 550 and 650 ppmv in 2100 and 2150, respectively. Three Multi-Stage cases have been developed in order to assess different types of thresholds. These share three consecutive stages representing different commitments: stage 1 – no quantitative commitments; stage 2 – emission–limitation targets and stage 3 – emission reduction targets. The analysis shows that by 2025 all three cases result in emission reduction objectives for all Annex I regions of at least 30–55% below their 1990 levels for 550 ppmv, whereas for 650 ppmv target they range from 0 to 20%. Furthermore, early participation is required of the major non-Annex I regions through emission limitation targets i.e. before 2025 and 2050 for the 550 and 650 ppmv targets, respectively. The first participation threshold for adopting emission–limitation targets on the basis of a capability–responsibility index (as introduced here) can provide for a balanced and timely participation of non-Annex I regions. Major strengths and weaknesses of the climate regimes are discussed and important obstacles and pre-conditions for their feasibility and acceptability are highlighted.     

全球气候变化法律应对及“后京都时代”我国的对策

从《联合国气候变化框架公约》到《哥本哈根协议》,国际社会应对气候变化的努力始终未懈,但成效有限。在此过程中,各主要发达国家在国内也做了积极探索,许多方面值得中国借鉴。随着"后京都时代"的即将来临,中国作为世界排放大国必须切实减排。为此,一方面需加强减排国际合作,认真履行国际义务和减排承诺,另一方面应依法合理地推动发达国家履行减排义务,共促减排目标实现,同时对碳关税等新型贸易壁垒可能对我国国际贸易带来的影响和损害也应积极应对。