Saturday, July 18, 2009

Common but differentiated responsibility - Encyclopedia of Earth

Common but differentiated responsibility - Encyclopedia of Earth: "Common but Differentiated Responsibility and Sustainable Development

The recognition of the importance of the inextricable links that tie the CBDR to all three pillars of sustainable development (environmental protection, economic development and social progress) brings forth the understanding that the historical responsibilities for environmental degradation are but one of a larger set of consequences stemming from an unequal distribution of the benefits deriving from the exploitation of natural resources along the North-South axis, and the second sentence of Principle 7 of the Rio Declaration clearly provides a normative framework in this respect: 'The developed countries acknowledge the responsibility that they bear in the international pursuit of sustainable development in view of the pressures their societies place on the global environment and of the technologies and financial resources they command'.

The International Law Association in its 2002 New Delhi Declaration of Principles of International Law Relating to Sustainable Development, maintains that the principle entails 'a duty to co-operate in the achievement of global sustainable development,' and requires the recognition of 'the special needs and interests of developing countries and of countries with economies in transition,' and those 'affected adversely by environmental, social and developmental considerations.'
Application of the principle in the Climate Regime

The practical consequences of the CBDR are that differential obligations are imposed on the parties to a Multilateral Environmental Agreement. The prime example is the Kyoto Protocol, where only countries listed in Annex I (developed countries and countries with economy in transition) have quantified emissions reduction obligations under the agreement. Additionally, the UNFCCC) and the Kyoto Protocol establish general obligations of cooperation towards technology transfer, and provide for financial assistance for mitigation and adaptation to developing countries through the Global Environmental Facility (GEF). The GEF operates two funds under the UNFCCC, the Special Climate Change Fund and the Least Developed Countries Fund; it also operates the Kyoto Protocol Adaptation Fund. These are all mechanisms aimed at operationalizing the CBDR.

The preamble of the UNFCCC acknowledges 'that the global nature of climate change calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international response, in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions'. Article 3(1) of the Convention adds the leadership role that developed countries should take, and after reaffirming the principle of common but differentiated responsibility, it states that 'the developed country Parties should take the lead in combating climate change and the adverse effects thereof.'"

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