Beyond the North–South Dichotomy in International Climate Law: The Distinctive Adaptation Responsibilities of the Emerging Economies

• DOI: http://doi.org/10.1111/reel.12014
• Author: Daniel Farber
• Date: 01 April 2013
• Published date: 01 April 2013

Beyond the North–South Dichotomy in International

Climate Law: The Distinctive Adaptation

Responsibilities of the Emerging Economies

Daniel Farber

This article focuses on uneven development within

emerging economies. The result of this unevenness,

which often separates urban from rural populations, is

that emerging economies contain two large groups:

one that is enjoying rapid economic growth and begins

to see a trajectory toward developed country lifestyles,

and another that is lagging behind and is still more

similar to developing country residents. In short, an

emerging economy can be seen as containing within

itself a quasi-developed country and a quasi-

developing one. The article argues that these internal

divisions are distinctive to emerging economies and

that they provide a basis for differentiating the

responsibilities of emerging economies from the

developed/developing country situations. Internally,

populations within emerging economies have common

but differentiated responsibilities themselves, and

emerging economies have a duty to use national

resources funded by the more developed portion of the

society to assist with adaptation in less-developed

areas.

INTRODUCTION

The concept of ‘common but differentiated responsi-

bilities’ has long been part of discussions about climate

mitigation. The same concept now plays a role in terms

of climate adaptation.1According to the Cancún Agree-

ments, ‘[e]nhanced action on adaptation . . . should

follow a country-driven, gender-sensitive, participatory

and fully transparent approach, taking into consider-

ation vulnerable groups, communities and ecosys-

tems’.2Moreover, the Conference of the Parties

‘[i]nvites all Parties to enhance action on adaptation . . .

taking into account their common but differentiated

responsibilities and respective capabilities by undertak-

ing [specified actions]’.3The term ‘adaptation’ has

nuances that vary among different writers, but the

Intergovernmental Panel on Climate Change (IPCC)

has provided a useful working definition:

Adaptation refers to adjustments in ecological, social, or

economic systems in response to actual or expected climatic

stimuli and their effects or impacts. It refers to changes in

processes, practices, and structures to moderate potential

damages or to benefit from opportunities associated with

climate change.4

In this article, the emphasis will be on the ‘processes,

practices, and structures to moderate potential

damages’, such as dams to provide water during

droughts or reduce flood risks.

The debate over funding for adaptation and the result-

ing climate agreements has been dominated by a

North–South, developing country versus developed

country dichotomy.5This article will argue in favour of

further differentiation to take into account the special

situation of emerging economies, particularly their

internal differentiation into rapidly developing and less

developed sub-populations.

The term ‘emerging economies’ has not been assigned

any explicit legal meaning, nor is it a technical term

among economists. Emerging economies have varying

income levels, but many are now middle income or

undergoing rapid growth, or both.6These countries are

not akin to less developed countries like Bangladesh or

the Congo. But neither are they developed countries.

This intermediate status is the main characteristic of

emerging economies because they have either moved

their per capita incomes above the typical developing

1Adaptation requires society to manage climate impacts using strat-

egies of resistance, adjustment and retreat. See R.M. Verchick and A.

Hall, ‘Adapting to Climate Change While Planning for Disasters: Foot-

holds, Rope Lines and the Iowa Floods’, 2011 Brigham Young Uni-

versity Law Review (2011), 2203, at 2209.

2Decision 1/CP.16, The Cancun Agreements: Outcome of the Work

of the Ad Hoc Working Group on Long-term Cooperative Action under

the Convention (UN Doc. FCCC/CP/2010/7/Add.1, 15 March 2011)

(‘Decision 1/CP.16’), at II, paragraph 12.

3Ibid., at II, paragraph 14.

4See <http://unfccc.int/focus/adaptation/items/6999.php>.

5See M.J. Mace, ‘Adaptation under the UN Framework Convention

on Climate Change: The International Legal Framework’, in: W.N.

Adger, J. Paavola, S. Huq and M.J. Mace (eds.), Fairness in Adap-

tation to Climate Change (MIT Press, 2006), 53.

6Emerging Economies Economy Watch, found at: <http://

www.economywatch.com/world_economy/emerging-markets/>, ref-

erences several lists of emerging economies.

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Review of European Community & International Environmental Law

RECIEL 22 (1) 2013. ISSN 0962-8797

© 2013 Blackwell Publishing Ltd, 9600 Garsington Road, Oxford OX4 2DQ, UK and 350 Main Street, Malden, MA 02148, USA.

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