Philippine Bar review · Question

Practice question: Common but Differentiated Responsibilities

Multiple Choice Hard

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?
  1. The paragraph describes an interpretive role and expressly says the principle does not establish new obligations itself
  2. The paragraph automatically enacts every proposed obligation
  3. A negotiator can privately amend all treaties
  4. No applicable legal rule is ever necessary
  5. 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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