The Trend of Changes in the Differentiation in Climate Change Law: Towards Intensifying, Not Weakening

Abstract The differentiation between developing and developed countries has been one of the central issues in the climate change legal regime from the beginning. Although there is a consensus among countries regarding the CBDR-RC as the basis for differentiation, the developing countries have always emphasized the first part of the principle, the responsibility of the developed countries based on equity, and in contrast, the developed countries have focused on the second part, the capability of countries to deal with climate change. Due to this contrast between approaches, the differentiation in the evolutionary process of the climate change regime has always been very volatile, from the UNFCCC to the Paris Agreement. The question arises as to what direction the differentiation has gone and what path it will take. This research shows that the movement toward specialization, pragmatism, and flexibility indicate differentiation is going towards strengthening, and the attempt to weaken or gradually eliminate it will most likely lead to the meaningless participation of developing countries and ultimately the ineffectiveness of the regime. To achieve equitable differentiation along with global participation in the future, two-stage differentiation can be applied. In the first step, the differentiation should be applied between developed and developing countries based on an equitable approach to changing responsibility, and in the second step, sub-differentiation should be applied between the developing countries themselves based on national economic-environmental circumstances such as capability and vulnerability. In this case, differentiation will be considered an opportunity and catalyst instead of a threat and an obstacle.