Edited by Michael Faure and Marjan Peeters
Chapter 4: Liability of Member States and the EU in View of the International Climate Change Framework: Between Solidarity and Responsibility
1 Javier de Cendra de Larragán INTRODUCTION 1. The notion of ‘burden sharing’ (more recently referred to as ‘effort sharing’2) has been at the core of EU climate change (mitigation) policy since its inception.3 This notion expresses the idea that both the EU and its Member States have a certain unity of purpose in combating climate change and have thus decided to partake in the efforts which are necessary to mitigate GHG emissions. The notion is also premised on the belief that it is more cost-effective to act together than independently, and that it is to the advantage of the EU to speak with one voice at international level. The European Community (EC) followed this idea when negotiating the Kyoto Protocol, by adopting a single mitigation target that would be later redistributed among its Member States.4 With the advantages derived from sharing the burden of mitigation comes also the responsibility to ensure compliance with legal obligations derived from it under international and EC law. Moreover, the notion of burden sharing is not a static one, as will be shown in this chapter; on the contrary, it has evolved in order to reflect the developments that have taken place in climate change science and climate change policy since the adoption of the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. The negotiations relating to a second commitment period under the Kyoto Protocol after 2012, which started in 2005 in COP-11 in Montreal,5 and which took...
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