试论国际环境法的共同但有区别的责任原则

共同但有区别的责任原则主要包涵两层意思:共同责任和区别责任。但共同责任和区别责任是一个不可分割的有机联系的统一整体,并分别具有丰富的内涵。确立共同但有区别的责任原则是国际环境保护事业的历史发展所使然。由于该原则体现了发展中国家维护自身权益和平等地参与国际谈判以解决全球环境问题的意愿,故而其对发展中国家具有较强的亲和力。该原则具有很强的实践品格,其适用范围主要局限于环境保护领域。它是正在形成和发展中的国际环境法的基本原则,也许在不远的将来能获得国际习惯法的法律地位和效力。

Study on the Principle of Common and Differential Liability in International Environmental Law

There are two kinds of meanings contained in the principle of Common and Differential liability of International Environmental law : common liability and differential liability . Common liability and differential liability are inseparable integral whole, and they also have plentiful connotations. The establishment of the principle is the achievement of the historical development of international environmental protection cause . The principle has strong affinities for the developing countries, because it shows the wishes of the developing countries to safeguard their own rights and interests, and participate in the international negotiations with purpose of solving the global environmental issues. This principle has strong character of practicably , it is mainly appb'ed to the domain of global environmental protection . The principle is an emerging and developing basic principle of international environmental law , maybe in the future, it will obtain the legal status and effectiveness as being an international custom.