The Application of the Principle of Common but Differentiated Responsibilities in Environmental Governance on the High Seas

Abstract As an important principle of international environmental law, the principle of common but differentiated responsibilities (the CBDR principle) is being applied to various international environment protection regimes including environmental governance on the high seas as an important guiding principle in the law of the sea. This may be beneficial for engaging the international community to protect the high seas in solidarity. However, the application of the CBDR principle encounters difficulties, which include obstacles regarding cross-sector application, different understandings of the CBDR principle and difficulties in implementation of international instruments. This article argues that the differentiation should not depend exclusively on the traditional dichotomy of developing and developed countries but must be determined on a fluid and case-by-case basis. This suggests that the details of the differentiated responsibilities should also be context-specific rather than uniform for all States. Moreover, the implementation of the CBDR principle to address environmental problems on the high seas should be based on substantive fairness. Finally, this article makes several observations. First, the demands of developing countries in the field of maritime emission reduction should be considered. Second, obligation of capacity building and the transfer of marine technology prescribed in the BBNJ Agreement should be encouraged and implemented. Third, strengthening international cooperation in plastic pollution control on the high seas is expected. Fourth, the international community should provide developing countries with the financial support and technical assistance in persistent organic pollutants control. All of these may contribute to the protection of the high seas environment and the future realization of the sustainable development of the oceans.