It’s over 20 years since the United Nations Framework Convention on Climate Change (UNFCCC) entered into force. According to Article 3(1) of the Convention, Parties would “protect the climate system for the benefit of present and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capacities”. It was recognised that this meant that “the developed country parties should take the lead in combating climate change”.
Despite this recognition that equity and differential responsibility and capacity were important factors to consider in global efforts to address climate change, agreement on what exactly this would entail for sharing the burdens of mitigation proved hard to come by. 2015 saw something of a change of tack, here, with Parties to the UNFCCC now invited to present an Intended Nationally Determined Contribution (INDC) to the Convention objective of stabilising atmospheric greenhouse gas concentrations at a level that would prevent dangerous climate change.
The move to nationally determined contributions has been lauded by some for its potential to facilitate cooperation. One of the ways in which it appears to do this is by bypassing any need for an international agreement on what exactly a fair distribution of the burdens of mitigation would look like. Instead, each Party is invited (though not required) to explain how it considers its INDC to be “fair and ambitious, in light of its national circumstances”. So, roughly speaking at least, rather than starting with an established emissions budget and trying to come to an agreement on how to share it fairly, Parties are now permitted to adopt any number of different conceptions of fairness in defence of their own INDC, with no guarantee that the resulting ‘fair’ shares will remain within the budget.