Climate JusticeSymposium

Art. XX GATT 1994 – Climate change and disadvantaged nations

As signs of a looming climate catastrophe emerge, international law scholars and lawyers frequently seek additional paths to restrict greenhouse-gas emissions and to protect the environment. On a regular basis, their eyes turn towards the legal order of the World Trade Organization (WTO). Partly, this is due to the WTO’s dispute settlement mechanism (DSM), since an equivalent compulsory system of adjudication is wanting in international environmental law. In this regard, …

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DiscussionResponse

Why bury CBDRRC alive?

A response to Katrin Kohoutek Although there is a need for a new dynamic, the principle of common but differentiated responsibilities and respective capabilities remains the cornerstone of the on-going climate negotiations. There is no denying that historical responsibilities of northern countries have played a central part in the negotiations leading to the adoption of the UNFCCC and Kyoto Protocol. Yet, taking them as the founding element of the principle of …

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DiscussionKick-off

The funeral of CBDR in the climate change regime

Despite some progress, the draft elements of the future agreement on climate change may serve as the gravestone to the common but differentiated responsibility principle when it comes to climate. There is no denying the fact that the so-called developed countries (this problematic term is used here as it is used in the relevant instruments, probably to handle the many groups of states involved in negotiations) historically did contribute more …

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