Reconciling common but differentiated responsibilities principle and no more favourable treatment principle in regulating greenhouse gas emissions from international shipping

Abstract

The principle of Common but Differentiated Responsibilities and respective capabilities (CBDR) enshrined in the legal framework of the United Nations Framework Convention on Climate Change (UNFCCC) is generally accepted as one of guiding principles in regulating the international standards and rules related to the climate change. The CBDR principle recognizes that each country should take responsibilities but developed countries should bear primary responsibilities as they have contributed to the largest proportion of historical and current Greenhouse gas (GHG) emissions. However, international maritime treaty instruments established by the International Maritime Organization (IMO) are observed by the principle of non-discrimination and equal treatment and No More Favourable Treatment (NMFT) to all ships irrespective of their flag. Developed countries uphold that regulations on limiting GHG emissions from international shipping shall be applicable to all ships of all countries in accordance with the NMFT principle, whereas developing countries insist that the CBDR principle shall be applied and only developed countries shall implement and enforce those regulations. Conflicting views of two principles between developed and developing countries have run through during the whole legislation process and has impeded the legislation efficiency and consensus. It is conceivable that the conflicts between two principles will last in the future if no new reconciliation is adopted. This article reviews the interpretation of the CBDR principle in the UNFCCC framework, analyzes the importance of applying the CBDR principle in international shipping regulations, identifies the current gap of applying the CBDR principle and proposes solutions to reconciling two principles.