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自1992年里约热内卢人类环境与发展会议之后,“可持续发展”已成为了多边国际环境法律框架的核心概念,但这种核心地位从法律角度看究竟具有何种意义,学术界争议颇多。笔者认为,从《国际法院规约》第38条所指示的各项国际法法源入手,分析“可持续发展”概念,是准确把握其法律意涵的正确途径。通过分析我们发现,“可持续发展”概念能够通过多边环境公约或双边条约的接纳取得一定的规范意义,但就司法判例和学说的现状看,其距离成为国际习惯规则还有相当大的差距。总体上看,“可持续发展”是统摄性的“环境政治伦理”概念,目前还主要属于所谓“软法”的范畴。
Since the conference on human environment and development in Rio de Janeiro in 1992, “sustainable development” has become the core concept of a multilateral international environmental legal framework. However, what is the significance of such a core status from a legal point of view and there are quite a lot of academic disputes . The author believes that starting from the sources of law of international law as indicated in Article 38 of the Statute of the International Court of Justice and analyzing the concept of “sustainable development” is the correct way to accurately grasp the legal implications. Through the analysis, we find that the concept of “sustainable development” can achieve some normative significance through the acceptance of multilateral environmental treaties or bilateral treaties. However, judging from the status quo of judicial precedents and doctrines, there is still a considerable distance between them and becoming customary international rules gap. Overall, “sustainable development ” is the concept of “environmental political ethics ”, and is still mainly in the category of so-called “soft law”.