站点图标 澳洲论文代写

简历代写 The universal environment

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普遍环境的安全已成为国际社会的重要目标。最重要的环境问题，如气候条件的变化，减少臭氧层问题，砍伐森林，生物多样性是全面的。[ 1 ]日益变化的气候条件是一个长期存在的难题，涉及到多方面的联系，环境，经济，政治，社会和技术流程。全球社会已经采取了合法的措施来对抗环境的变革。

INTRODUCTION

The safety of the universal environment has become the vital objectives of the international society. The foremost environmental issues such as change in climatic conditions, diminution of ozone layer, deforestation, problem of biodiversity are comprehensive.[1] Increasingly change in climatic conditions is a long-standing dilemma that involves multifaceted connections with environmental, economic, political, social and technological processes. The global society has taken lawful steps to fight environment transform.

THE KYOTO PROTOCOL AND THE UNITED NATIONS CONVENTION ON CLIMATE CHANGE

The United Nations Convention on Climate Change, the Kyoto Protocol are some of the lawful steps which target environment change alleviation creating a dissection between the developed and the developing countries through the principle of common but differentiated responsibilities in terms of obligations and responsibilities .[2] The urge for the development, application and understanding of international environmental law has developed the rule of common but differentiated responsibility.[3]

The first international legal instrument and the most comprehensive international attempt that addresses the adverse changes to the global environment is “The Framework Convention on Climate Change” which was signed at the 1992 United Nations “Earth Summit” in Rio de Janeiro. Principle 7[4] of the Convention provides that “states shall cooperate in a spirit of global partnership to conserve, protect and restore the health and integrity of the Earth’s ecosystem.. The concentration of the dangerous gase which raises the greenhouse impact and avert hazardous anthropogenic intrusion in the climate structure[5] was the most intervening objective of the Convention on climate change.

The Kyoto Protocol, 1997 is a protocol of the United Nations convention on Climate Change to implement some law to reduce the global warming and minimize the greenhouse effect on global environment.[6]

THE PRINCIPLE OF COMMON BUT DIFFERENTIATED RESPONSIBILITY

The principle of common but differentiated responsibilities is two fold i.e. the pressure that developed countries lay on the global environment and other resources like technology which they control. Despite the fact that the developed countries are unenthusiastic to own up the first basis, the developing countries have a well-built influence to persuade the former to admit differentiated conduct in their support.[7] The principle gives warning to the world in two aspects, one is “double standards” regarding the environment protection and their implementation in regard to developing countries and the other is the assistance provided by developed countries to the developing countries for their sustainable development.[8]

In reality the Principle 7of the Rio Convention is a controversial issue between the developed and the developing countries. The developed countries are not ready to accept the liability to disturb the global climatic conditions because of the processes undertaken by them for their development. On the other hand developing countries are not satisfied that it will have control on the activities of the developed countries which are having adverse affect on the global climatic change.[9] It also represents the problem of the CBDR Principle as a great phenomenon.

Therefore the concept of common but differentiated responsibility is comprised of two diverse but inter-reliant components i.e. “common responsibility and differentiated responsibility”. The common responsibility represents the common obligations of the States regarding the safety of the environmental resource.[10]The second component relates to differentiated environmental principles which are articulated around abundant factors of environmental problems like particular requirements and conditions, potential economic progress of countries.[11]All these circumstances contributed in establishing the importance of Article 10 of the Kyoto protocol.[12] The Kyoto protocol is the comprehensible and most recent effort to convert CBDR from a legal perception to a strategic instrument.[13]

THE APPLICATION OF THE PRINCIPLE OF CBDR IN ENVIRONMENT LAW

The principle of CBDR is the outcome of the United Nations Convention on Climate and then after the Kyoto Protocol. Several mechanisms has been adopted for the effective implication of the CBDR Principle in relation to the environment law proposed for the protection of the global environment and keep a check on the activities of the countries.

On the basis of the legal notion of justice it is treated as a legally binding obligation on the developing and developed countries to end the environmental problems which are converting this world and global environment into highly unsecured place for surviving not only for humans but whole biodiversity. Though the developed nations are not ready to accept their duty to provide any such assistance to the developing countries clearly stated in Principle 7 of the Convention on climate change.

EFFECTIVENESS AND WEAKNESSES OF THE PRINCIPLE OF CBDR IN RELATION TO ENVIRONMENT LAW

The principle of CBDR has contributed much towards the protection of global environment but then also it possesses many shortcomings. The main problem is that the principle was established to increase sustainable developmet reducing the harm that may be conflicted by the activities of the nations. The Kyoto Protocol was a measure to stop such happenings but many of its provisions acts as discretionary towards the developing countries by allowing them to do such activities as required for their development even aftr knowing the fact that they may highly contribute towards the environment degradation. [14]

As per the research of several scholars it has brought into notice of the world community that the pollutants emitted from the developing countries is much higher than that emitted by the developed countries. The Kyoto Protocol and Rio Declaration are not so effective to lead to the sustainable development as there are so many loopholes in the instruments which gives favour to one nation is agiant the other and indirectly raises the problem to much more advanced level.

Inspite of so many weaknesses there are still some areas where the environmental instruments are effective i.e. the use of technological and financial and resourse incentices through “CDM The Clean Development Mechanism” in which the developed countries transfer their technology to the developing countries in return of which they receive the credit towards the use of its emission reduction obligations. But it is also a long process requiring treaties between the countries.

The principle of CBDR put atleast some kind of liability on every state but the Kyoto Protocol has freed the developing countries from any such responsibility and has put the whole burden on developed countries only which renders the principle bearing no importance. the main weakness is the lack of the binding nature of the Kyoto Protocol and the CBDR Principle. Even the United nations has refused to ratify it because of these weaknesses. [15]

The need of the time is that both developed and underdeveloped countries should unite to eradicate such a serious problem of environment change. It is required to interpret the CBDR Principle in such a way that it will not only work as tool in the favor of developing countries but will also bind them to incure the responsibility towards the sustainable development.

  1. French, Duncan, “Developing States and International Environmental Law: The Importance of Differentiated Responsibilities.”International & Comparative Law Quarterly,49, pp 35-60 www.journals.cambridge.org.
  2. http://ssrn.com , Mustapher, Ntale, “Rethinking the Application of the Principle of Common but Differentiated Responsibilities in the International Climate Legal Framework (December 6, 2008).” Last assessed on 14 March 2010.
  3. Bharat Agarwal, The Principle Of Common But Differentiated Responsibility In Environmental Law
  4. Rio Declaration on Environment and Development 1992 United Nations (UN)
  5. United Nations Conference on Environment and Development: Framework Convention on Climate Change, May 9, 1992, art. 2, 31 I.L.M. at 854.
  6. Kyoto Protocol to the United Nations Framework Convention on Climate Change, 1997.
  7. Artilce on International Environment Agreements: Politics, Law and Economics, Springer Netherlands, Edition June 2002, Vol. 2, pg. 151-170 www.springerlink.com
  8. ibid 7
  9. French, Duncan. “Developing States and International Environmental Law: The Importance of Differentiated Responsibilities.”International & Comparative Law Quarterly,49, pp 35-60. www.journals.cambridge.org.
  10. P. Sands, Principles of International Environmental Law: Frameworks, Standards and Implementation, 1st edn. (Manchester: Manchester University Press, 1996) at 217.
  11. Kyoto Protocol to the United Nations Framework Covention on Climate Change 1997.
  12. Ibid 10.
  13. Christopher C.joyner, Common but Diffentiated Responsibility, Proc 358 (2002). www.wisbar.org.
  14. Scarpace, Ericka k., “The Common but Differentiated Responsibilities Principle: A burden or benefit to international environment law.” www.wisbar.org. Last assessed on 14 March 2010.
  15. Todd. M., Lopez, A look at climate change and the evolution of the Kyoto Protocol, Edition 2003 at pg. 286-310.