Practice question
A State uses CBDR to invent a new binding payment obligation with no treaty, custom or other identified rule, relying on paragraph 151 as creating it. Which is correct?
- The paragraph describes an interpretive role and expressly says the principle does not establish new obligations itself
- The paragraph automatically enacts every proposed obligation
- A negotiator can privately amend all treaties
- No applicable legal rule is ever necessary
- Only the claimant’s preferred formula matters
Legal references
- ICJ, Obligations of States in respect of Climate Change, July 23, 2025, main advisory opinion: https://icj-web.leman.un-icc.cloud/sites/default/files/case-related/187/187-20250723-adv-01-00-en.pdf; paragraphs 148-151.
- Rio Declaration: https://www.cbd.int/doc/ref/rio-declaration.shtml; Principle 7.
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