The principle of Common but Differentiated Responsibilities of States in combating climate change

Document Type : Original Article

Author

Faculty of Law, University of Mansoura

Abstract

The international community has confronted the phenomenon of climate change by adopting a number of international agreements, most notably the United Nations Framework Convention on Climate Change in 1992, the Kyoto Protocol in 1997, and finally the Paris Agreement in 2015.

These agreements agreed on a number of principles, foremost of which is the principle of joint and differentiated responsibility of the States Parties. This responsibility is a new type of responsibility that has found fertile ground in international environmental law and then international climate law. It is based on the fact that the risks associated with climate change are common risks that concern the countries of the world, and therefore their responsibilities are also common.



Although this logic is correct, it has not been immune to criticism, because the problem of climate change was caused by industrialized countries, and therefore they alone are responsible for combating it. However, these countries refuse to acknowledge their historical responsibilities, and that responsibility should be shared and differentiated according to the countries’ capabilities.



The idea of common but differentiated responsibility raises many very important points, especially its nature: is it a legal or moral responsibility, and the extent of its impact: has it actually contributed to overcoming the problem of climate change, and has it led to positive results for developing countries?

These are the most important points that we will discuss in this research.

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