Principle of common but differentiated responsibilities in international environmental law Review of Professor Ellen Hey’s Lecture for the United Nations Audiovisual Library of International Law

Abstract

This is a review and partial translation of the English video lesson recorded by the renowned professor of international law at the Erasmus School of Law regarding the principle of common but differentiated responsibilities in international environmental law (IEL). The principle adopted at the beginning of the 1990s, under the name Principle of Common but Differentiated Responsibilities (CBDR), has its origins in the early decades of the 20th century. The author provides a profound, complete, and detailed study of the principle, starting the exposition with its contextualization in international law, then addressing the content of the principle, the institutional and decision-making context in which its application occurs, the scenario in which the principle operates within political and legal relations, the legal status in the theory of sources of international law, recognizing its binding nature in the international climate change regime, and concludes her presentation by highlighting the transformations the principle brought to the international law.