Análisis jurídico del principio de responsabilidades comunes, pero diferenciadas

Identifier:  imarina:6361960

Handle: https://hdl.handle.net/20.500.11797/imarina6361960

Authors:  Susana Borràs Pentinat

Abstract:
The legal recognition of ordinary, but differentiated responsibilities as a general principle of International Environment Law results of the application of the principle of sovereign equality which rules the international relations. Therequirements of environmental protection, mainly defended by developed countries, due to necessities of developing countries, find their balance through the legal recognition of the distinct contribution of States regarding the world environmental degradation, specially, the one from developed countries due to the pressure that their own societies exert on the environment world wide, as well as the technologies and existing financial resources. The different level of economical and technological development among States and their different environment responsibility ask for a different legal way to determine their respective obligations regarding the environmental protection to reach sustainable development. Consequently, developed countries not only have greater responsibility on environmental degradation, but also greater legal responsibility to protect the environment when compared to developing countries since their contribution on environmental degradation has preventedthe less privileged countries to reach their desired development. The principle of ordinary, but differentiated responsibilities has contributed to reach the social, economical and environmental justice through the solidarity and cooperation among countries to preserve, protect and reestablish the health and integrity of the Earth ecosystem and also to compensate the disadvantageous situation of developing countries caused by the pressure of developedcountries on environment.