Abstract

The Durban Platform for Enhanced Action calls for development of ‘a protocol, another legal instrument or an agreed outcome with legal force under the Convention applicable to all Parties’ (emphasis added). By definition, parties to the climate convention are sovereign states. This reiteration of the role of states reveals an attachment to statist responses to climate change that has so far failed to reduce global greenhouse gas (GHG) emissions. Indeed, GHG pollution is increasing. The main reason for this increase is growth in emissions from many developing countries, which collectively now produce over half of global emissions. Under current climate agreements, these countries are not obligated to limit these emissions. To require them to do so would arguably defy the principle of common but differentiated responsibility (CBDR) among states that forms the basis of the climate regime.