The Asia-Pacific Partnership on Clean Development and Climate: A Retreat from the Principle of Common But Differentiated Responsibilities?

McGee, J., & Taplin, R. (2009). The Asia-Pacific partnership on clean development and climate: A retreat from the principle of common but differentiated responsibilities? McGill international journal of sustainable development law and policy, 5(1), 11-43.

33 Pages Posted: 23 Oct 2013

See all articles by Jeffrey McGee

Jeffrey McGee

University of Tasmania - Faculty of Law

Dr. Ros Taplin

University of New South Wales (UNSW)

Multiple version iconThere are 2 versions of this paper

Date Written: 2009

Abstract

The Asia-Pacific Partnership on Clean Development and Climate (“APP”) was formed in July 2005 by China, India, Japan, South Korea, Australia and the United States. Canada was accepted as the seventh partner nation of the APP in October 2007. The APP is a soft-law technology cooperation agreement on climate change that contains no international targets for greenhouse gas mitigation or formal differentiation in responsibility between developed and developing nations. The APP nations claim the partnership is consistent with the United Nations Framework Convention on Climate Change (“UNFCCC”). This article analyzes the founding documents and institutional structure of the APP to determine whether it is consistent with the key UNFCCC principle of “common but differentiated responsibilities” (“CBDR”). It is found that the APP fails to support important retributive and needs-based justice principles that are at the heart of the UNFCCC conception of CBDR. In weakening support for these justice principles the APP also fails to support the intra-generational equity aspects of sustainable development. The claims of consistency between the APP and the UNFCCC are therefore not justified

Keywords: United Nations Framework Convention on Climate Change (“UNFCCC”), Asia-Pacific Partnership, Climate Change

Suggested Citation

McGee, Jeffrey and Taplin, Ros, The Asia-Pacific Partnership on Clean Development and Climate: A Retreat from the Principle of Common But Differentiated Responsibilities? (2009). McGee, J., & Taplin, R. (2009). The Asia-Pacific partnership on clean development and climate: A retreat from the principle of common but differentiated responsibilities? McGill international journal of sustainable development law and policy, 5(1), 11-43., Available at SSRN: https://ssrn.com/abstract=2342891

Jeffrey McGee (Contact Author)

University of Tasmania - Faculty of Law ( email )

Private Bag 89
Hobart
Tasmania, 7001
Australia

Ros Taplin

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

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