Practice question
An interpretation of a climate obligation considers both cumulative emissions and a State’s present ability to take meaningful action. An opponent claims this necessarily contradicts differentiation by considering current capacity. Which is best?
- Differentiation prohibits all present evidence
- Those factors are consistent with the 2025 opinion’s description
- Only ancient emissions can ever count
- Every developed State has identical resources
- The treaty automatically disappears if capabilities change
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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