How useful is the ´ common but differentiated responsibilities ´ principle (CBDR)?

1. Howusefulisthe ´common but differentiatedresponsibilities´ principle (CBDR)? Whatareitsadvantages/disadvantages? Couldwe do withoutit in international climatechangelaw? Environmental Law in an International Context - Seminar: Atmosphere and Climate Change

2. CBDR in general • Cornerstoneofsustainabledevelopment • Explicityformulated in thecontextofthe 1992 Rio Earth Summit • Principle 7 ofthe Rio Declaration in 1992 • Twomatrices: - Common responsibility - Differentiatedresponsibility Environmental Law in an International Context - Seminar: Atmosphere and Climate Change

3. CBDR in international climatechangelaw • The UN Framework Convention on Climate Change • Article 3(1)“The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties should take the lead in combating climate change and the adverse effects thereof.” Environmental Law in an International Context - Seminar: Atmosphere and Climate Change

4. CBDR in international climatechangelaw • The differentiated responsibility in UNFCCC is based upon: • the historical responsibility of States; • the inequality between States to address climate change and the notion of equity. • ... and has two practical effects in the Kyoto Protocol… Environmental Law in an International Context - Seminar: Atmosphere and Climate Change

5. Advantages anddisadvantages • Developing/poor countriesv. developed/rich countries Environmental Law in an International Context - Seminar: Atmosphere and Climate Change

6. CBDR - Conclusion • Gap betweendevelopedanddeveloping countries due to different perspectives • Gap leadstomitigationofeffectiveclimateprotection • Categorisationof countries - Roleof China asmajor-emittercountry • Lack ofcredibilityandlegitimationofthe CBDR Environmental Law in an International Context - Seminar: Atmosphere and Climate Change

7. Suggestionsformodifications • Alternative approaches: -´Equitableaccesstosustainabledevelopment´ - New structureofthe CBDR-> newcategories - New incentives in climatenegotiations - ´Opportunitysharing´ and ´risksharing´aselements - International agreementsof a highercommonstandard Environmental Law in an International Context - Seminar: Atmosphere and Climate Change