Abstract
With the increasing debate on whether the difference between the developed and the developing countries should be redefined, the principle of CBDR has come under scanner to determine whether the differentiated responsibilities also need to be revaluated. Negotiating groups like the LDCs, the Umbrella group, argue that the major developing economies like India and China should be held responsible for their part of the current and future emissions as they have the resources to tackle the adverse impact caused by them to the environment whereas the developing countries argue otherwise. Many such challenges are being faced with the application of the principle in the international climate regime. This article underlines the meaning and objective of the principle and discusses its origin and its subsequent use in various legal instruments after the adoption of the UNFCCC. The article focuses at the challenges faced by the interpretation and application of the principle with the rapidly changing economic status of developing countries. This article is an attempt to underline the need to dilute the fixed differentiation between the developed and the developing countries for better results in dealing with the adverse environmental impacts. In the end, the article concludes by analyzing the outcome of the Paris Agreement towards the interpretation of the principle; and what changes are required to be made for its better implementation.
1. Introduction
As a framework agreement, the United Nations Framework Convention on Climate Change 1 laid out several commitments and principles2 to reduce the Green House Gases3 emission. One of these principles was the ‘common but differentiated responsibilities’4 . The only guidance provided by the original treaty [was] that the assembled parties have “common but differentiated responsibilities and respective capabilities” to reduce their emissions 5 , and the implementing goals were left to the subsequent negotiations and the 1997 Kyoto Protocol. 6 The convention makes few demands on the much less responsible and usually much less capable developing countries.7 This exclusion of developing countries became one of the most contentious issues before and during the negotiations leading to the Kyoto Protocol and remains so. 8
7. Conclusion
The purpose of the principle of CBDR is mutual support for preserving the environment through global partnership. However, there has been a shift from focusing on global partnership to dividing moral responsibilities; the reason to this is the lack of trust in the divide between the developed and the developing world. Additionally, the lack of fulfilment of promise by the developed countries to support the developing countries with finances and technology questions the standards equity and fairness in the principle. The state parties, both from the developed as well as the developing countries, should realise that to achieve the goal of sustainable development, each party shall have to compromise a little on their growing social and economic needs. It should be equitable, that is, it should encourage burden-sharing and treat developing countries fairly.
