期刊名称:International Review of Social Sciences and Humanities
印刷版ISSN:2250-0715
电子版ISSN:2248-9010
出版年度:2014
卷号:6
期号:2
页码:264-268
出版社:International Review of Social Sciences and Humanities
摘要:There exit certain conflicts between economic development and biological diversity conservation, and States should not use economic development as an excuse to destroy biodiversity at the expense of extinction of species. When certain State causes the destruction of biodiversity, whether indirect affected States can proceed the proceedings based on obligation erga omnes before the International Court of Justice is a question worth exploring. If the obligation to conserve biodiversity is within the scope of obligation erga omnes, it would undoubtedly strengthen States’ responsibilities to conserve biodiversity. However, after analyzing the pros and cons of this issue, a safe conclusion could be drawn that whether or not to regard the obligation to conserve biodiversity as obligation erga omnes depends on different perspectives of interests, which needs cautious consideration.