Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Differentiation in the Paris Agreement

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

The need for equitable effort-sharing lies at the heart of the global response to climate change. Yet, until the very moment of the adoption of the Paris Agreement, the question of differentiation between the state parties remained controversial. This article seeks to examine the contemporary understanding of the concept of differentiation, as finally reflected in the Paris Agreement, and to track the concept’s negotiation history leading up to the Agreement. The authors argue that differentiation between parties in the Paris Agreement is nuanced, balancing different considerations for each of the Agreement’s elements. Rather than taking a non-differentiated or purely self-differentiated approach, as expected by some, the Agreement sets out the opposite: it allows for differentiation along a much broader set of parameters, in a manner that allows for more diversity and dynamism, while building on the normative legacy of the Convention. The article analyses differentiation as reflected in the Agreement in three different, but interconnected ways: First, on a principled basis, reflecting common but differentiated responsibilities and respective capabilities, in the light of different national circumstances; second, on the basis of the legal content of various provisions of the Agreement, in particular on mitigation, finance, and transparency; and third, on the basis of the parameters of progression and highest possible ambition, which represent new and dynamic aspects of differentiation. By doing so, the Agreement enhances differentiation to an unparalleled extent.1

Affiliations: 1: Professor of Law, University of Oslo, Department of Public and International Law, and Center of Excellence ‘PluriCourts’ christina.voigt@jus.uio.no; 2: Head of the Division of Climate and Ozone, Ministry of Foreign Affairs, Brazil, felipergferreira@gmail.com

10.1163/18786561-00601004
/content/journals/10.1163/18786561-00601004
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading
Loading

Full text loading...

/content/journals/10.1163/18786561-00601004
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/18786561-00601004
Loading

Article metrics loading...

/content/journals/10.1163/18786561-00601004
2016-05-06
2017-12-18

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Climate Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation