ARCHIVES
VOL. 8, ISSUE 1 (2026)
India and the principle of ‘common but differentiated responsibilities and respective capabilities’
Authors
Mahesh Kumar
Abstract
The principle of ‘Common but Differentiated Responsibilities and
Respective Capabilities’ or CBDR-RC is the cornerstone of justice in the global
climate change regime. This principle has helped ensure that countries take differentiated
climate actions based on equity, historical responsibility and respective
capabilities. It is embedded within the UNFCCC
under Article 3.1 and influences every other area of climate action –
mitigation, adaptation, climate finance, Loss and Damage, technology transfer
and transparency. Nevertheless, the CBDR-RC principle has been a hotly debated
principle between the North and the South and has witnessed a remarkable shift
in its interpretation and application over the years. From a climate change
regime based on strict differentiation between developed and developing
countries under the UNFCCC and the Kyoto Protocol, we have seen a loosely differentiated
regime under the Copenhagen Accord and the Paris Agreement. India has been one
of the strongest champions of the CBDR-RC principle. It played a leading role
in shaping the CBDR-RC principle at numerous stages, such as during the making
of the UNFCCC (1992), the Kyoto Protocol (1997) and the Paris Agreement (2015).
India’s role was particularly crucial in embedding the notions of equity (per
capita emission as the basis of allocating emission reduction responsibilities
among Parties) and historical responsibility into the CBDR-RC principle. Based
on the CBDR-RC principle, India calls on developed countries to take lead in
climate change mitigation and to support developing countries in their
mitigation and adaptation measures. While India’s approach to differentiation
helped it avoid emission reduction responsibilities, its position on CBDR-RC was
challenged towards the Copenhagen COP of 2009. As a result, India’s stance on
CBDR-RC got modified which helped arrive at the Copenhagen Accord and later the
Paris Agreement. This article analyses India’s role in shaping the principle of
CBDR-RC, including the shift in its own interpretation from the time of the
making of the UNFCCC to the conclusion of the Paris Agreement.
Download
Pages:257-261
How to cite this article:
Mahesh Kumar "India and the principle of ‘common but differentiated responsibilities and respective capabilities’ ". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 257-261
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.