论共同但有区别的责任原则在国际环境法中的地位

共同但有区别的责任原则在国际环境法上的地位一直存有争议,我国学者多认为该原则是国际环境法的基本原则,而国外的学者对此多存质疑。该原则在内容上有待澄清之处,在适用上有不统一性和有限性。所以对该原则的研究应该区分明确承认该原则的情况与没有明确承认该原则,而只是通过解释,认为体现了类似理念的情况。从国家实践来看,依据国际法渊源的理论,该原则尚未发展为习惯国际法规则,尽管如此,其存在仍有意义。

The Role of Common but Differentiated Principle In International Environmental Law

Since the principle of common but differentiated responsibility emerged into the domain of international environmental law, it has been adopted by several international environment instruments. However, contentions about its nature in international environmental law remain. Most Chinese scholars consider it as a binding principle in international environmental law, but many foreign scholars doubt it. The content of this principle, specially the standards of and reasons, is ambiguous. Its applications are inconsistent and rather limited. Therefore it is necessary to distinguish those practices adopting the CBDR principle from those that did not refer to the CBDR principle clearly. Based on the theory of the sources of international law, it is believed that the CBDR principle has not yet evolved into a customary international law. Nevertheless, it is still significant in international law.