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共同但有区别责任是公平分配不同国家间的全球环境治理责任的基本原则,它在全球的气候制度中也起着至关重要的作用。《巴黎协定》重申和延续了共同但有区别的责任原则,并作出了新变动。本文以《巴黎协定》为视角对共同但有区别的责任原则进行了再释,先从正义的价值理念对共同但有区别的责任原则进行分析,进而分析共同但有区别的责任原则与代际公平和代内公平之间的关系,最后分析其在《巴黎协定》中的变化和起到的作用。
The principle of common but differentiated responsibilities is the basic principle for equitably allocating responsibility for global environmental governance among different countries. It also plays a crucial role in the global climate regime. The Paris Agreement reaffirmed and extended the principle of common but differentiated responsibilities and made new changes. In this article, the “common but differentiated principle of responsibility” is reinterpreted from the perspective of “Paris Agreement”. The principle of common but differentiated responsibility is first analyzed from the value concept of justice, and then the common but differentiated principle of responsibility and intergenerational Fairness and intragenerational justice, and finally analyze the changes and functions in the Paris Agreement.