THE PRINCIPLE OF ‘COMMON BUT DIFFERENTIATED RESPONSIBILITIES’ AND THE CHALLENGES POSED BY IT IN THE CONTEXT OF INTERNATIONAL CLIMATE GOVERNANCE

Abstract With the increasing debate on whether the difference between the developed and the developing countries should be redefined, the principle of CBDR has come under scanner to determine whether the differentiated responsibilities also need to be revaluated. Negotiating groups like the LDCs, the Umbrella group, argue that the major developing economies like India and China should be held responsible for their part of the current and future emissions as they have the resources to tackle the adverse impact caused by them to the environment whereas the developing countries argue otherwise. Many such challenges are being faced with the application of the principle in the international climate regime. This article underlines the meaning and objective of the principle and discusses its origin and its subsequent use in various legal instruments after the adoption of the UNFCCC. The article focuses at the challenges faced by the interpretation and application of the principle with the rapidly changing economic status of developing countries. This article is an attempt to underline the need to dilute the fixed differentiation between the developed and the developing countries for better results in dealing with the adverse environmental impacts. In the end, the article concludes by analyzing the outcome of the Paris Agreement towards the interpretation of the principle; and what changes are required to be made for its better implementation.