MIZAN LAW REVIEW Vol. 6 No.1, ACCOMMODATING THE INTERESTS OF DEVELOPING COUNTRIES IN THE CLIMATE CHANGE REGIME: LESSONS FROM THE OZONE LAYER REGIME

Abstract

The problem of climate change has attracted international attention mainly because of its cross-border effects and the impossibility of solving the problem by a few nations. The delay in combating climate change is attributable to various factors including polarized interests among nations. On the other hand, the Montreal Protocol (ozone depletion) regime has managed to balance and reconcile the interests of both the global South and the global North towards a common goal. Even if some differences exist between the two problems, lessons from the ozone depletion regime can inform the climate regime and enhance the participation of developing nations without adversely affecting their interests. The lessons include a sequential approach [i.e. addressing the most critical issue –emission from developed countries – first], increased participation and compliance, improved financial assistance and technology transfer regimes and enhanced political commitment to climate change. These lessons are in tune with the principle of common but differentiated responsibilities which should facilitate a meaningful participation from developing countries in the climate change regime.