Reflection of the Principle of Common but Differentiated Responsibility in the Climate Change Regime

Author(s):  
Jahid Mustofa
Author(s):  
Simon Caney

. . . It’s exciting to have a real crisis on your hands when you have spent half your political life dealing with humdrum things like the environment. . . . The world’s climate is undergoing dramatic and rapid changes. Most notably, the earth has been becoming markedly warmer, and its weather has, in addition to this, become increasingly unpredictable. These changes have had, and continue to have, important consequences for human life. In this chapter, I wish to examine what is the fairest way of dealing with the burdens created by global climate change. Who should bear the burdens? Should it be those who caused the problem? Should it be those best able to deal with the problem? Or should it be someone else? I defend a distinctive cosmopolitan theory of justice, criticize a key principle of international environmental law, and, moreover, challenge the “common but differentiated responsibility” approach that is affirmed in current international environmental law. Before considering different answers to the question of who should pay for the costs of global climate change, it is essential to be aware of both the distinct kind of theoretical challenge that global climate change raises and also the effects that climate change is having on people’s lives. Section 1 thus introduces some preliminary methodological observations on normative theorizing about global climate change. In addition, it outlines some basic background scientific claims about the impacts of climate change. Section 2 examines one common way of thinking about the duty to bear the burdens caused by climate change, namely the doctrine that those who have caused the problem are responsible for bearing the burden. It argues that this doctrine, while in many ways appealing, is more problematic than might first appear and is also incomplete in a number of different ways (sections 3 through 8). In particular, it needs to be grounded in a more general theory of justice and rights.


2015 ◽  
Vol 36 (1) ◽  
pp. 35-49 ◽  
Author(s):  
Jill Johannessen

Abstract The UN summit on climate change in Durban constituted an important moment in the continuous discourse on how to understand climate change and the framing of the problems and solutions. A new emergent frame of understanding could be detected in the press, which the author calls the ‘out-dated worldview’ frame. This frame contains a critique of the clear-cut division between developing vs. developed countries from the 1992 Rio Convention, and may influence how we understand burden-sharing roles in a new global climate deal. In an eager attempt to include all major polluters within a new climate regime, there is a danger that the principle of ‘common but differentiated responsibility’ will be ignored, which may be an attempt to excuse the rich industrialized countries from their responsibility after 150 years of benefitting from fossil-fuel-driven development.


2013 ◽  
Vol 13 (1) ◽  
pp. 1-8 ◽  
Author(s):  
Phillip Stalley

Through more than two decades of multilateral climate change negotiations, China has steadfastly opposed emission limits for developing countries. Scholars have traditionally explained the rigidity of Chinese diplomacy with reference to economic interests and power, and in the process understated the importance of equity norms. In international negotiations, China has served as one of the key architects and promoters of the common but differentiated responsibility principle, which holds that global environmental justice requires that developed countries bear the primary obligation for combating climate change. China has used this principle strategically in order to legitimize its opposition to emission limits. However, China's negotiating stance cannot be defined simply as the instrumental use of norms, as Beijing is genuinely sensitive to issues of equity. These equity concerns have occasionally led China to act in a manner that, from a strict cost-benefit analysis, runs counter to its own economic interests. In sum, notions of environmental justice are simultaneously a tool China uses to pursue its interests and a force that structures China's interest.


Kosmik Hukum ◽  
2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Athya Athya

Abstract Efforts to prevent the growing concentration of GHGs that led to climate change began by the United Nations by establishing a regulation on the protection of the world climate system, first, the Convention on Climate Change is created in 1992. Secondly, Kyoto Protocol was established in 1997. Furthermore, at COP-21 resulted in Paris Agreement. These three arrangements make the Common but Differentiated Responsibility Principle as the basis for protecting the world climate system. This research is to review harmonization of international law on the Common but Differentiated Responsibility Principle in national law. This research uses normative law research. This research is a descriptive analysis with the secondary data obtained. All the data will be analysed qualitatively. Indonesia has implemented an international arrangement to address climate change caused by greenhouse gases into national law by ratifying the UNFCCC by Law Number 6 of 1994 about ratification of UNFCCC and the Kyoto Protocol by Act Number 17 of 2004 about ratification of Kyoto Protocol to the UNFCCC. Indonesia harmonized as a form of implementation of protocol kyoto contents through Law Number 32 of 2009 on Environmental Protection and Management. Keywords:   Common but Differentiated Responsibility Principle; Law Harmonization Abstrak Upaya untuk mencegah meningkatnya konsentrasi GRK, pertama, Konvensi Perubahan Iklim dibuat tahun 1992. Kedua, didirikan Protokol Kyoto tahun 1997. Selanjutnya, pada COP-21 menghasilkan Perjanjian Paris. Ketiga pengaturan ini menjadikan Prinsip Tanggung Jawab Bersama dengan Tingkat Berbeda-beda sebagai dasar untuk melindungi sistem iklim dunia. Penelitian ini untuk meninjau harmonisasi hukum internasional tentang Prinsip Tanggung Jawab Bersama dengan Tingkat Berbeda-beda dalam hukum nasional. Penelitian ini menggunakan penelitian hukum normatif. Penelitian ini merupakan analisis deskriptif dengan data sekunder yang diperoleh. Semua data akan dianalisis secara kualitatif. Indonesia telah menerapkan pengaturan internasional untuk mengatasi perubahan iklim yang disebabkan oleh gas rumah kaca ke dalam hukum nasional dengan meratifikasi UNFCCC dengan Undang-Undang Nomor 6 Tahun 1994 tentang Pengesahan UNFCCC dan Protokol Kyoto oleh Undang-undang Nomor 17 Tahun 2004 tentang Pengesahan Protokol Kyoto Atas UNFCCC. Indonesia melakukan harmonisasi sebagai wujud implementasi isi Protokol Kyoto melalui Undang-undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup. Kata kunci:  Harmonisasi Hukum, Prinsip Tanggung Jawab Bersama dengan Tingkat yang Berbeda-Beda


2005 ◽  
Vol 18 (4) ◽  
pp. 747-775 ◽  
Author(s):  
SIMON CANEY

It is widely recognized that changes are occurring to the earth's climate and, further, that these changes threaten important human interests. This raises the question of who should bear the burdens of addressing global climate change. This paper aims to provide an answer to this question. To do so it focuses on the principle that those who cause the problem are morally responsible for solving it (the ‘polluter pays’ principle). It argues that while this has considerable appeal it cannot provide a complete account of who should bear the burdens of global climate change. It proposes three ways in which this principle needs to be supplemented, and compares the resulting moral theory with the principle of ‘common but differentiated responsibility’.


2019 ◽  
Vol 3 (6) ◽  
pp. 723-729
Author(s):  
Roslyn Gleadow ◽  
Jim Hanan ◽  
Alan Dorin

Food security and the sustainability of native ecosystems depends on plant-insect interactions in countless ways. Recently reported rapid and immense declines in insect numbers due to climate change, the use of pesticides and herbicides, the introduction of agricultural monocultures, and the destruction of insect native habitat, are all potential contributors to this grave situation. Some researchers are working towards a future where natural insect pollinators might be replaced with free-flying robotic bees, an ecologically problematic proposal. We argue instead that creating environments that are friendly to bees and exploring the use of other species for pollination and bio-control, particularly in non-European countries, are more ecologically sound approaches. The computer simulation of insect-plant interactions is a far more measured application of technology that may assist in managing, or averting, ‘Insect Armageddon' from both practical and ethical viewpoints.


2019 ◽  
Vol 3 (2) ◽  
pp. 221-231 ◽  
Author(s):  
Rebecca Millington ◽  
Peter M. Cox ◽  
Jonathan R. Moore ◽  
Gabriel Yvon-Durocher

Abstract We are in a period of relatively rapid climate change. This poses challenges for individual species and threatens the ecosystem services that humanity relies upon. Temperature is a key stressor. In a warming climate, individual organisms may be able to shift their thermal optima through phenotypic plasticity. However, such plasticity is unlikely to be sufficient over the coming centuries. Resilience to warming will also depend on how fast the distribution of traits that define a species can adapt through other methods, in particular through redistribution of the abundance of variants within the population and through genetic evolution. In this paper, we use a simple theoretical ‘trait diffusion’ model to explore how the resilience of a given species to climate change depends on the initial trait diversity (biodiversity), the trait diffusion rate (mutation rate), and the lifetime of the organism. We estimate theoretical dangerous rates of continuous global warming that would exceed the ability of a species to adapt through trait diffusion, and therefore lead to a collapse in the overall productivity of the species. As the rate of adaptation through intraspecies competition and genetic evolution decreases with species lifetime, we find critical rates of change that also depend fundamentally on lifetime. Dangerous rates of warming vary from 1°C per lifetime (at low trait diffusion rate) to 8°C per lifetime (at high trait diffusion rate). We conclude that rapid climate change is liable to favour short-lived organisms (e.g. microbes) rather than longer-lived organisms (e.g. trees).


2001 ◽  
Vol 70 (1) ◽  
pp. 47-61 ◽  
Author(s):  
Robert Moss ◽  
James Oswald ◽  
David Baines

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