The Principle of "Common but Differentiated Responsibilities" in the Advisory Opinion on Climate Change before the International Court of Justice: Contributions from South America

This article examines the interpretation of the principle of "Common But Differentiated Responsibility" (CBDR) in the Advisory Opinion on the Obligations of States in respect of Climate Change before the International Court of Justice (ICJ), focusing on the contributions of South American states. The research is based on the relevance of the CBDR principle as a criterion for climate justice, especially for a region that, despite its historically small contribution to global greenhouse gas emissions, is among the most vulnerable to environmental impacts. The methodology consisted of a qualitative analysis of the arguments presented by each South American state, identifying their arguments regarding the aforementioned principle, their main concerns and difficulties, as well as their contrast with the final opinion of the International Court of Justice. The findings show a high degree of regional convergence around the need to recognize the historical debt of industrialized countries and to translate the CBDR principle into concrete obligations. However, differences were observed regarding the scope of these obligations, with some States whose proposals were not adopted by the Court. Nevertheless, the ICJ broadly agreed with the South American approach, reinforcing the role of the CBDR principle as a guiding principle for interpreting international law applied to climate change.