Principle of ‘Common but Differentiated’ Responsibility under Global Climate Change Legal Regime: Mapping Future Pathways from the Lens of Redistributive Justice

Abstract

The global climate change legal regime has witnessed satisfactory progress in reducing greenhouse gasses in environment. Since the Copenhagen Accord, there has been a substantial shift in global climate commitment and governance, particularly in application of the principle of Common but Differentiated Responsibility (CBDR). Differentiation of duties and responsibilities among sovereign States has been a key aspect of global climate governance, reflecting socio-economic conditions and concerns about fairness. Instead of adopting more ambitious and time-bound emission reduction targets, developed nations have increasingly contested this established principle of CBDR under the global climate change legal regime. Recent commitments under the Paris Agreement clearly show that binding targets and deadlines for emission reductions have become asymmetrical in climate negotiations between developed and developing nations, especially with respect to the new post-2020 climate legal regime. Tensions among these nations have arisen due to assertion of ‘Redistributive Justice' for global climate change commitment and governance. Against this background, the principle of CBDR has been explored under the concept of 'redistributive justice’ as potential pathway for future GHG emission reductions. The paper argues that the concept of 'redistributive justice' is crucial for ensuring the proper implementation of the CBDR principle among member nations for GHG emission reductions in the post-2020 global climate legal regime. In view of this, the central part of this paper examine the principle of CBDR within global climate change regime, its progressive development in post-Copenhagen Accord climate negotiations, theoretical analysis of the concept of redistributive justice and its application for climate actions; concept of redistributive justice as future pathways for proper implementation of the principle of CBDR.