The implementation of the principle of common but differentiated responsibilities within the Paris Agreement

Abstract

According to the principle of common but differentiated responsibilities (CBDR), all states have international environmental obligations, however the manner in which states meet their obligations varies in relation to states’ level of economic development and contribution to the environmental degradation in question. Under the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol, the meaning and significance of the CBDR principle was relatively clear-cut. However, differentiation between developed and developing countries is more nuanced and flexible under the Paris Agreement to the UNFCCC. This chapter analyses the implementation of the CBDR principle under the Paris Agreement through the lens of governance values. While CBDR shapes both mitigation and adaptation commitments in the Agreement, the present focus is on the interpretation of the principle in respect of legally binding mitigation obligations as this is where the principle has been most contentious. This chapter argues that the emerging framework for implementing the CBDR principle under the Paris Agreement is flexible and proceduralised, and demonstrates thin governance values through the incorporation of mechanisms for transparency and compliance, which take into account the national circumstances of individual countries.