ABSTRACT

This chapter examines how legal obligations relating to equity and human rights interact with each other in the context of the climate negotiations, the complementarities between the two and the extent to which each is necessary for realising the other. It provides a brief introduction to equitable and human rights principles. In view of the different contributions to environmental degradation, States have common but differentiated responsibilities. The chapter looks at how they have interacted within the regime. It considers the application of human rights and equitable principles to particular thematic areas within the climate change regime, with a particular focus on loss and damage. The chapter suggests that differentiated obligations in the United Nations Framework Convention on Climate Change context can serve to enforce human rights obligations as well as restrict the possibility of solutions that are both inequitable and undermining of international human rights standards and obligations.