This article offers a socio-legal analysis of the role played by the principle of common but differentiated responsibilities (CBDR) in the development, diffusion, and implementation of jurisdictional REDD+ activities throughout the developing world. It employs a qualitative research method known as process tracing to uncover whether and, if so, to what extent and how actors have used CBDR to support the emergence and effectiveness of the transnational legal process for REDD+. The article argues that the transnational legal process for REDD+ reflects a conception of CBDR in which developing country governments may take on voluntary commitments to reduce their carbon emissions, with the multilateral, bilateral, and private sources of financial support and technical assistance provided by developed countries, international organizations, non-governmental organizations, and corporations. This creative conception and application of CBDR has fostered the construction and diffusion of legal norms for REDD+ because it has influenced the interests, ideas, and identities of public and private actors in the North and South. However, the early challenges associated with the implementation of REDD+ reveal a worrying gap between the financial pledges made by developed countries and the costs associated with the full implementation of REDD+, as well as contradictions in the very way in which the responsibilities of various countries have been defined in the context of REDD+. The analysis has important implications for the transnational governance of REDD+, as well as for scholarship on the role of differentiation in the pursuit of effective and equitable climate change solutions.
International climate law is often represented as a set of rules and institutions that scholars have tracked for nearly 30 years, whether to document them, assess their effectiveness, or prescribe reforms. This article, in contrast, adopts a critical perspective to uncover the everyday life of international climate law. From this viewpoint, international climate law is a purposive endeavour that is grounded in the small places where people create and live out the law. ‘International climate lawyers’ are among those who produce the law within these sites, and they propagate international climate law across multiple institutions. Using legal-ethnographic description, the article shows how lawyers operationalize the law in the United Nations climate regime, World Bank, and international human rights system. In each case, lawyers effect some overlapping aspirations for the law as well as legal techniques, but they also adapt their practices to the places where they work. In the process, they simultaneously build and diversify their professional community. Both in their field and community then, lawyers generate heterogeneity and homogeneity through the proliferation of international climate law. They do so on multiple registers, in terms of diverging ethical commitments, multivalent legal forms, and relative authority to speak the law, notably between institutions and the Global North and Global South. If lawyers reproduce sameness and difference in international climate law, moreover, this article suggests they may reify analogous traits in the broader field of international law, including persisting power relations.
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