Common But Differentiated Responsibilities

"CBDR" redirects here. For a navigation term, see Constant bearing, decreasing range.

Common But Differentiated Responsibilities (CBDR) is a principle that was formalized in the United Nations Framework Convention on Climate Change (UNFCCC) of Earth Summit in Rio de Janeiro, 1992. The CBDR principle is mentioned in UNFCCC article 3 paragraph 1..,[1] and article 4 paragraph 1.[2] It was the first international legal instrument to address climate change and the most comprehensive international attempt to address negative impacts to global environment.[3] The CBDR principle acknowledges that all states have shared obligation to address environmental destruction but denies equal responsibility of all states with regard to environmental protection.

In the Earth Summit, states acknowledged disparity of economic development between developed and developing countries. Industrialization proceeded in developed countries much earlier than it did in developing countries. CBDR is based on the relationship between industrialization and climate change.[4] The more industrialized a country is, the more likely that it has contributed to climate change. States came to an agreement that developed countries contributed more to environmental degradation and should have greater responsibility for climate change mitigation than developing countries should. The CBDR principle could therefore be said to be based on the polluter-pays principle where historical contribution to climate change and respective ability to combat climate change become measures of responsibility for environmental protection.[5]

The concept of CBDR evolved from the notion of "common concern" in Convention for the Establishment of an Inter-American Tropical Tuna Commission of 1949[6] and "common heritage of mankind" in United Nations Convention on the Law of the Sea, 1982.[7]

  1. ^ "United Nations Framework Convention on Climate Change" (PDF). UNFCCC. 1992. p. 4. Retrieved 24 September 2016. The Parties should protect the climate system for the benefit of present and future generations of humankind, on the basis of 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
  2. ^ "United Nations Framework Convention On Climate Change" (PDF). UNFCCC. 1992. p. 5. Retrieved 24 September 2016. All parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances...
  3. ^ Harris, Paul G. (1999). "Common But Differentiated Responsibility: The Kyoto Protocol and United States Policy". New York University Environmental Law Journal. 27.
  4. ^ Cullet, Philippe (1999). "Differential Treatment in International Law: Towards a New Paradigm of Inter-state Relations". European Journal of International Law. 10, 3: 578.
  5. ^ Rajamani, Lavanya. "The Principle of Common but Differentiated Responsibility and the Balance of Commitments under the Climate Regime". Review of European Community & International Environmental Law. 9, 2: 122. ISSN 0962-8797.
  6. ^ "Convention for the Establishment of an Inter-American Tropical Tuna Commission" (PDF). Inter-American Tropical Tuna Commission. 31 May 1949. Archived from the original (PDF) on 13 May 2016. Retrieved 24 September 2016. ... by tuna fishing vessels in the eastern Pacific Ocean which by reason of continued use have come to be of common concern and desiring to co-operate in the gathering and interpretation of factual information to facilitate maintaining the populations of these fishes ...
  7. ^ "United Nations Convention on the Law of the Sea" (PDF). United Nations. 1982. Retrieved 24 September 2016. ... the General Assembly of the United Nations solemnly declared inter alia that the area of the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction, as well as its resources, are the common heritage of mankind, the exploration and exploitation of which shall be carried out for the benefit of mankind as a whole, irrespective of the geographical location of States,