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THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCEGlobal Trends: Law, Policy & Justice Essays in Honour of Professor Giuliana Ziccardi Capaldo$
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M. Cherif Bassiouni, Gomula Joanna, Paolo Mengozzi, John G. Merrills, Rafael Nieto Navia, Anna Oriolo, William Schabas, and Anna Vigorito

Print publication date: 2013

Print ISBN-13: 9780199332304

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199332304.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 June 2021

The Common but Differentiated Responsibility (CBDR) Principle Elaborated in Relation to Other Principles of Law

The Common but Differentiated Responsibility (CBDR) Principle Elaborated in Relation to Other Principles of Law

Chapter:
(p.23) 2 The Common but Differentiated Responsibility (CBDR) Principle Elaborated in Relation to Other Principles of Law
Source:
THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE
Author(s):

Joyeeta Gupta

Nadia Sanchez

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199332304.003.0002

The Principle of Common but Differentiated Responsibilities (CBDR principle) was included in the Rio Declaration on Environment and Development, the United Nations Framework Convention on Climate Change (Climate Convention), and the United Nations Convention on Biodiversity. The principle aimed to recognize that all countries had common responsibilities towards addressing global environmental challenges. This chapter examines the normative underpinnings of the concept and explains how it is linked to and possibly complemented by many international law principles, in order to argue that the principle has a strong pedigree in international law. It suggests that despite the strong theoretical basis of this principle, it is still considered problematic by some developed states and scholars who see it as being inefficient in terms of addressing environmental problems and of allowing developing countries a free ride.

Keywords:   responsibilities, international law, environmental treaties, developing countries

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