International Environmental Law: Transnational liability: The Principle of Common but Differentiated Responsibilities: in between Fairness, Equity, and Equality

Absztrakt (kivonat)

In this research, I analyse the emergence and gradual development of the principle of Common but Differentiated Responsibilities and Respective Capabilities. First, I discuss the evolution of the principle, original understanding of it in the UNFCCC. Then, I turn to the overview of CBDR-RC related negotiations during the almost thirty-year history of Conferences of Parties to the Convention. This mainly concentrates on how the principle was viewed in the Kyoto Protocol compared to the Paris Agreement, because, with the introduction of Nationally Determined Contributions, the change was dramatic. The historical part proved to be an important aspect of the principle since it supported the evidence of the changing nature of CBDR-RC. The next chapter deals with inconsistencies within the legal nature of the principle, coupled with discussing its unique philosophical basis. I refer to Aristotle and his notion of Justice as the most perfect and complex virtue together with some possible varieties of how CBDR-RC could be conceptualized. I also theorize about other than state subjects, or, responsibility bearers, such as individuals and enterprises, providing some examples. Philosophic conclusions incorporate a vague understanding of principle’s legal nature along with discussing possible theoretical suggestions for improving understanding of CBDR-RC by possibly expanding the variety of responsibility bearers. The last chapter is dedicated to the comparative study of developed and developing countries’ patterns of environmental performance. I present arguments for both sides to be responsible. For some traditionally viewed as developing countries, it is their gigantic emissions, pollution, deforestation, while for the developed countries I argue against the EKC hypothesis, suggesting a number of studies conducted in this field. Empirical evidence provided in the paper confirmed the hypothesis by supporting the evidence of restrained erasure between certain categories of developing and developed countries Acknowledging various data and research, I conclude that CBDR-RC has eventually become a pretentious principle that allows some countries to exploit it, which I deem unacceptable. An absolute majority of countries should not have a possibility or an excuse to avoid bearing environmental responsibility – since the future of mankind is at stake. Consequently, I suggest paying attention to the universal nature of climate change and its unavoidability, as preventing its ill-effects largely depends on decision-makers who deliberately choose to escape responsibility.