The Principle of Common but Differentiated Responsibilities and WTO Law: Room for (Mis) interpretation?

With the rise of trade-related climate measures, common but differentiated responsibility (CBDR) discussions gained traction and expanded beyond climate to trade negotiations. In the early 2020s, when carbon border adjustment appeared on the agenda of policymakers, the role of this principle in international trade started occupying delegates to the WTO. As the reader may expect, the views of Members differ. The positions range from understanding CBDR as an inherent part of international trade law to incomprehension why this topic is raised at the WTO, which has its own rules to facilitate the integration of developing countries into the multilateral trading system. There may not be one truth, as the differing opinions of academics indicate. However, we argue that the interpretation of Article XX General Agreement on Tariffs and Trade (GATT) in light of the Paris Agreement (PA) leads to a legally accurate and just solution.