A legal reflection on the deployment of carbon capture and storage in developing countries through the lens of differentiation under the Paris Agreement

Document Type : Original Article

Author

UEF Law school, Faculty of social sciences and business studies, the University of Eastern Finland, Joensuu, Finland

Abstract

Some developing countries are keen on using carbon capture and storage for the mitigation of climate change, partly as a result of the climate commitments made by States under the Paris Agreement. One of the main pillars of the Agreement, which determines the climate duties and rights of States, is the concept of differentiation. The Agreement articulates the principle of common but differentiated responsibilities and respective capabilities in the light of different national circumstances by customizing commitments to the specificities of each of the Durban pillars—mitigation, adaptation, finance, technology and capacity-building. This article considers to what extent the modernized concept of differentiation is reflected in the provisions on mitigation, financial and technical supports and capacity building under the Agreement and how this may influence the deployment of carbon capture and storage in developing countries. While the Agreement represents a significant shift away from the traditional differentiation approach, the obligation to provide financial and technological support for mitigation efforts continues to fall predominantly on developed states. The innovative endeavours pertaining to expanding the mitigation commitments to both parties, the concept of ‘progression’, encouraging ‘other Parties’ to provide finance voluntarily, and introducing funding goals may have a positive influence on carbon capture and storage development projects in the future.

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Volume 2, Issue 4
Summer and Autumn 2021
Pages 96-113
  • Receive Date: 30 December 2020
  • Revise Date: 08 October 2021
  • Accept Date: 08 October 2021