Common but Differentiated Commitments: New Approaches to Categorising Countries in the Post-2012 Kyoto Regime?

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The United Nations system splits countries into “developed and developing” along income lines. The climate change regime recognises this differentiation and divides countries into Annex I parties and Non-Annex I parties. However, this broad approach to the categorisation and differentiation of countries, in particular when it can fundamentally impact responsibilities and benefits under the climate change treaty, could result in unjust outcomes. Currently, for example, most of the countries demand that commitments to climate change incorporate a proportionate reflection of relevant differences not only between “developed” and “developing” countries but also between developing countries. Therefore, getting all the countries to agree to a post-Kyoto set up has become a great challenge for international climate change policy makers and there is a need to explore possibilities for introducing new policies for categorising countries to decide climate change mitigation commitments and benefits under the post-2012 Kyoto regime. A more practical approach is needed to engage large developing emitters in the post-2012 regime while least developed countries receiving more assistance for their adaptation policies. This paper examines the reasons why we need new approaches to categorising countries for post 2012 period and possibilities of developing a more systematic and specific methodological framework that is based on the principle of common but differentiated responsibilities, so as to clearly identify the responsible countries and beneficiaries of the differential treatment in the climate change regime.

Stream: Technical, Political and Social Responses

Paper: A paper has not yet been submitted.

Achala Chandani is a lecturer in law at the Legal Studies Department of the Open University of Sri Lanka and a PhD candidate at the Kent Law School, University of Kent, UK. Her PhD research entitled “towards an equitable and adequate climate change regime” examines two intergenerational environmental law principles, i.e. the principle of common but differentiated responsibilities and the polluter pays principle, and their textual and factual application in the international climate change regime. Following the completion of her LL.B. (honours) degree at the Faculty of Law, University of Colombo in 2002. Achala enrolled as an Attorney-at-Law of the Supreme Court of Sri Lanka and joined the Open university in 2003. She was awarded a joint scholarship by the World Bank and the Ministry of Justice Sri Lanka in 2004 and completed her LL.M. degree with Merit at the University of Kent,UK in 2005.