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The Legal Attributes of Basic Principles of International Environmental Law Research

Author: TangBin
Tutor: LiuZhongMin
School: Ocean University of China
Course: International Law
Keywords: international environmental law basic principles property law
CLC: D996.9
Type: Master's thesis
Year: 2008
Downloads: 473
Quote: 2
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Abstract


As for the response of the human environment, international law in the field of environmental protection gradually developed. A new branch of international law - international environmental law gradually formed . Along with various international environmental movement ,vigorous development of international environmental law also have made great progress in the harmonization of national development policies and the protection of the Earth’s ecosystem integrity. However, compared to international environmental practice, the theory of international environmental law, whose more research is summarized, development lags behind. The current theory of international environmental law in our country is on a lower level, and the basic principles of international environmental law are especially backward.Although it is difficult to have a definitive statement of basic principle of international environmental law, experts and scholars reached a basic consensus that have been universally recognized by all countries. It is that international environmental law applies to all areas of effectiveness, constitute the entire international environmental law and the basis. But in the definition of this basic line, basic principles of international environmental law of the extension of the scholars have enormous differences and disputes. I read in the relevant international environmental law and the basic principles of the books, and almost no papers found on the same viewpoint. In these expositions, many jurists from the perspective of international environmental law do not belong to the basic values and principles of the law. The moral significance of the context and the principles of ethics have been on international environmental law as a basic principle of analysis and exposition. So it is a need to build a rational system of the emerging doctrine. This is a law subjects must clarify the issue. Therefore, the adoption of international environmental law and the analysis of basic principles of the establishment of conditions in the existing basic principles of international environmental law theory carding identified on the basis of their differences and to be clarified. The Construction Law real sense of the international environmental law theoretical system is of great significance. In this paper, international environmental law that established the basic principles of law must sort out the basic principles of law and the concept of value and the relationship between attentions should be paid to the basic principles of international environmental law. International environmental law and the specific principles specific norms of the difference between the basic international environmental law Principles must belong to the basic principles of the scope of international environmental law. The fundamental principles of international law must accept the basic principles of domination. The guidance of international environmental law must also reflect the basic principles of environmental law subjects with their own characteristics.Innovation in this paper, using the point of view of the jurisprudence from the basic principles of the theoretical system on the collation is the largest study characteristics. In the current academic research, on the specific basic principles of international environmental law as well as the application of the existing shortcomings and problems are on the minority, but it is lack of overall grasp. Although academics on international environmental law and the many related proposition was recognized as a "fundamental principle" title, their course of development in the process of summing up the experience and research has risen to a relatively high level. However, from a theoretical point of view all these discussions to the lack of a logical premise - which itself can become a topic of the basic principles of international environmental law. Based on the basic principle of international environmental law, the consensus of the study, and the differences between them should be straightened out on the basis of the principle of the use of the basic theory of logical analysis. It basically solved the problem. This is the biggest innovation in this paper.In this paper, the main method of research involved:①Historical analysis. In this paper, I do a more comprehensive study of the basic principles of international environmental law history, covering the basic fundamental principles of international environmental law from infancy until a strict application of the whole process.②Empirical analysis. In this paper, I studied the development of international environmental legal documents, legal documents, as well as foreign regional environmental legal documents which related the basic principles of international environmental law. And the basic principles of international environmental law get a more systematic summary.③Trial and error analysis method. This paper established the basic principles of international environmental standards through the perspective of jurisprudence. And then at this stage of international environmental law, the principle of academic existence of a previous generation of standards established by trial and error, and finally come to the conclusion that the article fully demonstrated.

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CLC: > Political, legal > Legal > International law > International Environmental Protection Act
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