Title: Enhancing fairness in the Paris Agreement: lessons from the Montreal and Kyoto protocols and the path ahead

Authors: Donia Mahabadi

Addresses: Leibniz Institute of Ecological Urban and Regional Development, Weberplatz 1, 01217 Dresden, Germany

Abstract: Broad participation and compliance are key elements of any successful international environmental agreement (IEA). Notwithstanding the participation of a significant number of countries in the Paris Agreement, the level of compliance remains challenging. This article investigates the potential role of fairness in enhancing compliance under the Paris Agreement. It draws lessons from the Montreal and Kyoto protocols that could assist the Paris Agreement in incentivising countries. The article discusses the operationalisation of the common but differentiated responsibilities and respective capabilities (CBDR-RC) principle in different treaties. A formulaic approach to interpreting the CBDR-RC principle and the imposition of restrictions on non-compliant parties could be effective ways of promoting compliance with the Paris Agreement. Besides, market-based solutions are considered as economic approaches to incentivising countries to meet the climate target. The importance of market-based solutions is supported by the findings from a worldwide survey among international delegates negotiating the Paris Agreement.

Keywords: international environmental agreements; IEA; Paris Agreement; carbon market mechanisms; fairness; compliance; common but differentiated responsibilities and respective capabilities; CBDR-RC.

DOI: 10.1504/IJESD.2023.132088

International Journal of Environment and Sustainable Development, 2023 Vol.22 No.3, pp.329 - 348

Received: 19 Feb 2021
Accepted: 04 Jan 2022
Published online: 11 Jul 2023 *

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