Tracing the “Common but Differentiated Responsibilities” (CBDR) principle under climate change regime

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Article

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2022-09

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Indian Journal of Law and Justice

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Bandyopadhyay, Rathin

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University of North Bengal

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Singh, S. (2022). Tracing the “Common but Differentiated Responsibilities” (CBDR) principle under climate change regime. Indian Journal of Law and Justice, 13(2), 251–272. https://ir.nbu.ac.in/handle/123456789/4775

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Singh, Siddharth

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Abstract

Differentiation has always been a central yet controversial aspect of the climate change regime. It has always remained a cause of deadlocks among the state parties during the negotiations. Countries understood that climate change is a global problem. However, not all nations are equally capable of addressing this menace. Developing and Least Developed Countries (LDCs) requires assistance and time to prepare themselves for the mitigation and adaptation measures. To balance this difference among the countries, the United Framework Convention on Climate Change (UNFCCC) adopted a principle of Common but Differentiated Responsibilities (CBDR). CBDR is an equitable principle that held developed countries accountable for their historical responsibilities while addressing the special needs of the other part of the world. Within twenty-eight years, the CBDR principle has transformed from an authoritarian Kyoto model to a self-differentiation Paris model. Several experts consider this principle to have diluted with its adoption under the latest climate instrument. It was found that the objectives of this principle are yet not achieved. This principle still needs to be applied appropriately to address the concerns of vulnerable countries that are regularly struggling with the threats of climate emergency.

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13

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2

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0976-3570

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251 - 272

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