India has announced its “shared but differentiated responsibility” (CBDR) approach to global climate change and seeks to get the developed world to pay the developing world or the poorest nations like India and postpone the model of carbon tax a time. A two-day meeting has been launched in Washington to help 17 nations focus on different approaches and reach a consensus or compromise ahead of the start of the UN meeting on climate change to be held in Washington. Paris in December.
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The CBDR principle invokes concerns of fairness and fairness with respect to the division of responsibilities under international environmental law. Its application in the context of climate change poses a number of challenges on how to distribute responsibilities in mitigation and adaptation actions among states. While the CBDR has improved the consideration of feelings of fairness and equity about how to combat climate change, the lack of clarity about its meaning and the manner in which it has been implemented has hampered effective international cooperation in tackling climate change.
It could be said that the CBDR represents an attempt to unify states to solve international environmental problems with a cooperative spirit. A broader statement of the principle is made by the International Legal Association, which describes it as “a duty to cooperate in achieving global sustainable development” and thus recognizing “the special needs and interests of developing countries and of countries with economies in transition “, and in particular those countries” adversely affected by environmental, social and development considerations “.
It would also be important to specify when responsibilities should be activated under any instrument following the Kyoto Protocol or through an amendment to the UNFCCC. The circumstances in which a State may be required to transfer technology or to make funds available for climate change mitigation and adaptation actions in vulnerable and poor countries may be expressly indicated. Provision should also be made for infringement proceedings against a recalcitrant State by an injured State.
