Common but Differentiated Responsibilities (CBDR)
Back in the 1960s, when Arvid Pardo, the ambassador of Malta, proposed that the seabed be declared a common heritage of humankind, the idea faced strong resistance, particularly from Western countries. Yet, his vision laid the foundation for the principle of Common but Differentiated Responsibilities (CBDR).
From time immemorial, humanity has recognized that certain resources transcend national boundaries. However, the relentless pursuit of industrialization, globalization, and poverty eradication has caused significant degradation of these shared resources.
The question then arises: Don’t countries that have contributed disproportionately to this damage have a greater obligation to the global community?
Few areas fall under the concept of “common areas,” including the high seas, outer space, and, arguably, Antarctica. These commons imply that all nations can exploit resources, but without proper governance, they risk overexploitation. This realization led to the formulation of the CBDR principle, which emphasizes differentiated responsibilities based on historical contributions and current capabilities.
The Birth of CBDR in Environmental Regimes
The principle of CBDR first appeared during the 1972 UN Conference on the Human Environment in Stockholm. While not explicitly named, the Stockholm Declaration highlighted the need to consider the unique circumstances of developing countries when shaping environmental policies.
Principle 24 of the Declaration advocated for international cooperation in environmental protection, emphasizing both equality and sovereignty among nations.
The concept gained further traction with the 1979 Moon Treaty, which sought to designate the Moon as a common heritage of humankind and ensure equitable sharing of its resources. However, major space powers did not universally adopt the treaty.
In contrast, the 1985 Vienna Convention for the Protection of the Ozone Layer achieved global consensus. It addressed ozone depletion through collaborative research, effective policies, and regulation of harmful substances, marking a major step in international environmental cooperation.
Strengthening the CBDR Framework
The 1987 Brundtland Report set shared objectives for sustainable development and recognized disparities in nations’ abilities to address environmental challenges. This paved the way for the 1992 Earth Summit in Rio de Janeiro, where the United Nations Framework Convention on Climate Change (UNFCCC) formally adopted the CBDR principle.
Article 3(1) of the UNFCCC states: “The Parties should protect the climate system for the benefit of present and future generations of humankind, based on equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country parties should take the lead in combating climate change and the adverse effects thereof.”
Principle 7 of the Rio Declaration further elaborated that developed nations, with their advanced technology and financial resources, bear a greater burden in addressing global environmental degradation. This recognition of equity laid the foundation for a cooperative global approach to sustainable development.
Kyoto Protocol: Operationalizing CBDR
The Kyoto Protocol of 1997 operationalized CBDR by legally binding developed countries (Annex I nations) to emission reduction targets, while exempting developing nations. The protocol also emphasized financial and technological support to help developing countries adapt to climate change. This “polluter pays” principle aimed to hold historically high emitters accountable.
However, the rigid Annex I and non-Annex I division failed to account for the evolving economic and emission profiles of emerging economies. By 2009, at the Copenhagen Conference, this binary categorization was challenged. Although the Copenhagen Accord fell short of a binding agreement, it marked a shift towards more inclusive climate action.
Paris Agreement: A Dynamic Approach
The 2015 Paris Agreement adopted a more nuanced interpretation of CBDR, allowing for differentiated yet collective responsibilities. All nations—developed and developing—were required to submit Nationally Determined Contributions (NDCs) outlining their plans to reduce emissions and build climate resilience.
Article 2 of the agreement aims to limit global warming to “well below 2°C above pre-industrial levels” while pursuing efforts to cap it at 1.5°C. The Paris Agreement represents a collaborative framework where nations’ responsibilities evolve based on their capacities and circumstances.
Relevance of CBDR Today
Despite disputes, the principle of Common but Differentiated Responsibility (CBDR) remains crucial in addressing today’s climate challenges. Emerging economies now have the chance to redefine their roles by balancing developmental goals with climate commitments. Meanwhile, high-income nations must prioritize financial and technological support for adaptation in vulnerable regions.
Recent global events, such as the COVID-19 pandemic and the Russia-Ukraine war, highlight the economic constraints faced by developing nations. Expecting these countries to prioritize climate adaptation over essential economic recovery is unrealistic.
Diversifying energy sources and promoting renewable energy adoption can align economic and environmental goals, especially for major emitters like China and India. These nations could also support poorer countries in building climate resilience, ensuring a more equitable global response to climate change.
Future Directions for CBDR
As climate adaptation becomes increasingly critical, the CBDR framework must evolve to address new challenges. Greater focus on renewable energy transitions and equitable resource distribution can foster global solidarity.
International law and CBDR will continue to operate within the political and economic contexts of their time, requiring dynamic interpretations and applications. The principle’s success lies in harmonizing global efforts to combat climate change with the diverse realities of nations.
Conclusion
The evolution of CBDR reflects humanity’s growing awareness of global interdependence. From early calls for preserving shared resources to the nuanced frameworks of the Paris Agreement, CBDR has enabled cooperative approaches to environmental challenges.
However, the journey is far from over. As nations face economic inequalities, geopolitical tensions, and climate emergencies, CBDR must remain adaptive and inclusive. Only through equitable collaboration can the global community achieve the dual objectives of sustainable development and environmental protection.
Safeguarding our planet’s future demands collective action that respects both historical responsibilities and contemporary capabilities.
End-Notes:
- https://press.un.org/en/1999/19990716.sea1619.html
- https://www.un.org/en/conferences/environment/stockholm1972
- https://docenti.unimc.it/elisa.scotti/teaching/2020/22646/files/stockholm-declaration
- https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/intromoon-agreement.html
- https://ozone.unep.org/treaties/vienna-convention
- https://sustainabledevelopment.un.org/content/documents/5987our-common-future.pdf
- https://www.un.org/en/conferences/environment/rio1992
- https://unfccc.int/resource/ccsites/zimbab/conven/text/art03.htm
- https://www.iau-hesd.net/sites/default/files/documents/rio_e.pdf
- https://unfccc.int/resource/docs/convkp/kpeng.pdf
- https://unfccc.int/sites/default/files/english_paris_agreement.pdf
1 Comment
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