This book presents a comprehensive, authoritative and independent account of the rules, institutions and procedures governing the international climate change regime. Its detailed yet user-friendly description and analysis covers the UN Framework Convention on Climate Change, the Kyoto Protocol, and all decisions taken by the Conference of the Parties up to 2003, including the landmark Marrakesh Accords. Mitigation commitments, adaptation, the flexibility mechanisms, reporting and review, compliance, education and public awareness, technology transfer, financial assistance and climate research are just some of the areas that are reviewed. The book also explains how the regime works, including a discussion of its political coalitions, institutional structure, negotiation process, administrative base, and linkages with other international regimes. In short, this book is the only current work that covers all areas of the climate change regime in such depth, yet in such a uniquely accessible and objective way.

“Preventing future calamity requires not only agreement but action. Governments and other responsible groups are usually accused of reacting to crises rather than foreseeing and preventing them. We have an opportunity here to show that experts, scientists, lawyers, and governments can foresee potentially catastrophic dangers, and prevent them from happening.” This abstract demonstrates the philosophy, issues and objectives of Multilateral Environmental Agreements (MEAs) adopted since the 1970s. Climate change has been described as “the most challenging environmental issue of our time,” and one cannot help but associate this abstract with the construction of, what is called today, the climate regime. Following the process launched at the Rio Conference, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted in May 1992 and a protocol to the Convention followed in 1997: the Kyoto Protocol. Back in 1992, in “common but differentiated responsibilities” (CBDRs), “common” meant that there is a universal responsibility to act for the benefit of “present and future generations." Thus, common responsibilities embody both the notions of “common concern” and “common heritage of humankind,” two notions “as old as international environmental law itself.” In other words, environmental issues such as climate change have too much of a universal impact for the response to be “solely a matter of domestic jurisdiction.” The CBDR principle is only an expression of differential treatment. Other expressions of differentiation are used in the climate regime and could take precedence in the future. It is parties' actual obligations that will matter to combat climate change. In order to do so, the climate regime must keep a balance between commitments and assistance. Indeed, although adaptation to climate change and assistance are truly important issues, one has to realize that the fight against climate degradation cannot be fought without commitments from stronger polluters to reduce their emissions. The notion of responsibility is central in CBDR but current contributions to climate change cannot be forgotten. COP22 which will be held in Marrakesh between the 7th and 18th of November 2016, will constitute a new opportunity for developed/developing countries to further debate and enhance the latter principle in the light of the commitments/assistance balance that must be maintained.

Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateand’s right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.

Seminar paper from the year 2011 in the subject Politics - Environmental Policy, grade: 1,7, University of Bamberg, language: English, abstract: One single state is not able to solve the global climate problems. Instead, only an international cooperation comprising as many states as possible can contribute to a protection of a collective good such as a stable climate. This term paper examines the international climate change regime. Keohane & Victor identify this institution as a “regime complex”, which compromises several institutional elements and initiatives such as, for instance, the UN Legal Regime, bilateral initiatives, clubs, experts assessments etc. (Keohane /Victor 2011: 10). In my term paper I will focus on the element of the efforts undertaken by the United Nations. Although nearly universal in membership and probably the most famous, its success is so far rather limited, Keohane & Victor even describing it as “ultimately symbolic” (Keohane / Victor 2011: 10). The reason for its ineffectiveness is that many states still refuse to engage and agree upon binding commitments. The biggest group of these defectors are the developing countries, who will be placed in special focus in this paper. My key question will be: How should the regime be designed to engage states into the endeavour of climate protection? For soundly answering this question, in a first my selected section of the climate change regime complex – the UN Legal Regime – will be presented. After that the theoretical background will be introduced; the Rationalist Cooperation Theory. Further two game-theoretical models are applied for examining issues of an international cooperation in the field of climate protection. Obstacles and reasons why some states refuse to cooperate can thus be explained. On the basis of the insights from this, this paper focuses on how the regime should be designed to guarantee an implementation of the goals of the climate change regime as well as the compliance of the treaty. How can reluctant states, especially developing countries, be engaged in an international climate change regime?

The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements

An innovative volume that covers all the common topics of climate law currently debated in the global academic community.

The work aims to analyse the essentiality of the common but differentiated principle within the international climate change regime. This examination is developed by studying the evolution of the principle from its incorporation to the United Framework Convention on Climate Change to its current relevance in the progress of the climate change regime. The article firstly develops a general analysis of the principle, mainly focused on its origin. Then, the paper examines the legitimacy of the common but differentiated responsibilities principle within the climate change regime. Subsequently, the analysis presents some answers to the critics received by this principle. Finally, the article delivers some comments and projections regarding the current and future relevance of the principle of common but differentiated responsibilities in the progress of the climate change regime.