Common but Differentiated Responsibilities and its Effect on the Post-2015 Development Agenda

Ye Jiang

Common but Differentiated Responsibilities and its Effect on the Post-2015 Development Agenda

Ye Jiang

According to the UN Secretary-General's requirements and documents produced at the General Assembly， the United Nation will approve the Post-2015 Global Development Agenda at the 70th General Assembly （from September 2015 to September 2016） replacing the Millennium Development Goal （MDGs） that will mature at the end of 2015 with new Sustainable Development Goals （SDGs）.1On January 8， 2015， UN Secretary-General Ban Ki-moon submitted The Road to Dignity by 2030：Ending Poverty， Transforming All Lives and Protecting the Planet - Synthesis Report of the Secretary-General on the Post-2015 Agenda to all member states， urging them to formulate goals and indicators to realize the Agenda based on the 17 SDGs in the Outcome Document produced by the UNGA open working group. Refer to the UN official website： http：//www.un.org/zh/millenniumgoals/.Remarkably，this has aroused concern about whether the common but differentiated responsibilities （CBDR） will be fully reflected in the United Nation's Post-2015 Global Development Agenda， and whether common but differentiated responsibilities will become a new guiding principle for achieving the new development goals after the formulation of new development agenda. Based on a brief analysis of the origin and contents of common but differentiated responsibilities， this article explores and analyzes the relationship between common but differentiated responsibilities and the UN's Post-2015 Agenda，and moreover， further probes the effect of common but differentiated responsibilities on the implementation of the SDGs.

A Brief Analysis of the Origins and Contents of Common but Differentiated Responsibilities

As an important principle for humans to seeking to balance environmental protection with development， common but differentiated responsibilities officially appeared in a UN document in 1992. In June 1992， the United Nations Conference on Environment and Development （UNCED） was held in Rio de Janeiro， Brazil. The seventh principle of the Rio Declaration announced at the conference， stated：“In view of the different contributions to global environmental degradation，States have common but differentiated responsibilities.”2“In view of the different contributions to global environmental degradation， States have common but differentiated responsibilities，” Rio Declaration on Environment and Development， http：//www.unep.org/ Documents.Multilingual/Default.asp？documentid=78&articleid=1163.In May 1992， the Intergovernmental Panel on Climate Change （IPCC） agreed upon the United Nations Framework Convention on Climate Change （UNFCCC） which remained open for countries to sign up for during the UNCED and which entered into force on March 21，1994. The fourth principle of the IPCC officially put forward common but differentiated responsibilities.3UN Framework Convention on Climate Change， UN website， 1992.The tenth principle of the UN Framework Convention on Climate Change Kyoto Protocol approved in December 1997 reaffirmed that in terms of actions against climate change；the international community must abide by common but differentiated responsibilities and specify it by legal means. The Kyoto Protocol regulates that developed countries should shoulder the quantitative responsibility to reduce the emissions of greenhouse gases while no strict requirements were laid down for developing countries.4UN Framework Convention on Climate Change Kyoto Protocol， UN website， 1998.

As a matter of fact， the principle of common but differentiated responsibilities has evolved as part of the common heritage of international law. International law emphasizes fairness in protecting the common heritage of mankind， and the principle of common but differentiated responsibilities focuses on the differentiated historic responsibilities for developing and developed countries when dealing with development and climate change by taking into consideration their economic and technological gaps， recognizing the disparity in their historical actions and the different capabilities of developing and developed countries in shouldering their common international obligations.

It is generally believed that common but differentiated responsibilities originated from the Declaration of the United Nations Conference on the Human Environment released in June 1972， which mainly focused on environmental issues.5Yao Tianchong and Yu Tianying， “On ‘Common but Differentiated Responsibilities’，” Chinese Social Sciences Citation Index， No.1， p.99.The Declaration stated that environmental protection is a common responsibility and the environmental problems for developing countries are largely due to their underdevelopment， and thus developed countries should make major contributions toward protecting the environment and agree to provide preferential and differentiated treatment for developing countries under international environmental law.6“Declaration of United Nations Conference on Human Environment，” http：//www.china.com.cn/ chinese/huanjing/320178.htm.It is worth noticing that as early as the 1950s， the principle of common but differentiated responsibilities was reflected in international development cooperation and the provision of international development assistance.

Chinese President Xi Jinping addresses the United Nations Sustainable Development Summit 2015 at the UN headquarters in New York， Sept. 26， 2015.

To some extent， the international development cooperation or international development assistance originated from then-US president Harry Truman's Point Four Program. On January 20， 1949， Truman announced the US's technical aid plan to developing countries in his inauguration speech and claimed that benefits would be expanded from its allies to developing countries. This program was intended to enhance the United States' hegemony through economic expansion， contain communism and dominate developing countries during the Cold War. However， it objectively ushered in a new stage of modern international development cooperation and international development assistance， which facilitated contemporary international development cooperation. In the 1950s and 1960s， the United States and its western allies （the Northern Nations）gradually set up an international development cooperation model to assist developing countries （the Southern Nations）， namely the development cooperation relationship between the North and the South. The cooperation was based on the consensus of shared responsibilities by both Northern and Southern states with regard to the development of Southern nations. To promote North-South cooperation by providing development aid to Southern developing nations reflects the common yet differentiated responsibilities between Northern and Southern nations in international development cooperation.

In 1961， the OECD founded its Development Assistance Committee（DAC） to coordinate development assistance from the Northern developedcountries to Southern developing countries. An applicant must lay down strategies and policies for cooperation， establish a development assistance authority， and lift aid up to 0.2 percent of its Gross National Income （GNI）or over $100 million.7“Joining the Development Assistance Committee （DAC），” http：//www.oecd.org/dac/dac-globalrelations/joining-the-development-assistance-committee.htm.The United Nations Development Decade： General Assembly Resolution 1710 released at the 1961 UN Generally Assembly put forward the target of 1 percent of GNI as the aid from developed countries.8United Nations Development Decade： General Assembly Resolution 1710 （XVI）［Resolution 1710（XVI）］The United Nations Second Development Decade： General Assembly Resolution 2626 released at the 1970 UN General Assembly raised the ratio to at least over 0.7 percent.9United Nations Second Development Decade： General Assembly Resolution 2626（XXV） ［Resolution 2626 （XXV）］The assistance requirement set by the Development Assistance Committee （DAC） is far below the target of 0.7 percent， but the commitment itself emphasizes the special responsibilities of developed countries in international development cooperation.

Despite strong presence of common but differentiated responsibilities in the aforementioned international development cooperation， the principle is less specified in documents involving traditional international development cooperation. This is due to the broad division between the North-South cooperation and the South-South cooperation. North-South cooperation is built upon an unequal vertical partnership where Northern developed countries provide top-down assistance to Southern developing countries. In contrast， South-South cooperation is based on an equal partnership because Southern developing countries conduct mutual cooperation on their own accord instead of undertaking responsibilities.10Gerardo Bracho， “In Search of a Narrative for Southern Providers： The Challenge of the Emerging Economies to the Development Cooperation Agenda，” German Development Institute Discussion Paper January 2015， p.7.In the long run，North-South cooperation and the South-South cooperation lack any organic connection because North-South cooperation has dominated the field of international development cooperation.

In fact， the divisions and differences between North-South cooperation and South-South cooperation， as well as the dominance of the latter in the international development cooperation directly influenced the formulation of the UN Millennium Development Goals （MDGs） in the early 21st century.

11Ye Jiang and Cui Wenxing， “An Analysis of the Performance of UN Millennium Development Goals，”The Journal of Shanghai Administration Institute， Issue 2， 2014， pp.27-38.The MDGs were largely formulated by the international organizations led by developed countries， such as the expert committee of the OECD. The goals also conveyed the message that efforts should be made to achieve the first seven targets for developing countries and developed countries as the aid provider are obliged to complete the first eight targets.12Markus Loewe， “Millennium Plus or Sustainable Development Goals： How to Combine Human Development Objectives with Targets for Global Public Goods？” in Thomas Fues and Ye Jiang eds.， The United Nations Post-2015 Agenda for Development： Perspective from China and Europe， Deutsches Institut fur Entwicklungspolitik Studies， 2014， p.214.The MDGs，however， failed to mention common but differentiated responsibilities.

CBDR and the Formulation of the Post-2015 Global Development Agenda

In September 2010， given that MDGs would mature at the end of 2015， the 65th High-level Meeting of the United Nations Millennium Development Goals put forward the Post-2015 Global Development Agenda as a replacement for the MDGs to guide future global development cooperation. Due to the remarkable achievements made in realizing the MDGs， especially poverty alleviation， the international community expects to accelerate the early replacement of the MDGs through negotiations among governments within the framework of the United Nations so as to maintain the momentum and help realize the vision of benefiting mankind.

Under such circumstances， the UN System Task Team on the Post-2015 UN Development Agenda （UNSTT） was established in September 2011 as the first task force for the Agenda. It focuses on acting in consultation with all parties involved. International organizations， governments， civil society，think tanks and other international entities have actively participated in research and discussions. Thanks to the joint efforts， the UNSTT released a report in June 2012 titled Realizing the Future We Want for All and another in and March 2013 titled A Renewed Global Partnership for Development，which provided new thoughts and proposals for the agenda.

In July 2012， the UN Secretary-General announced the establishment of the High Level Panel of Eminent Persons on the Post-2015 Development Agenda （HLP） which held meetings successively in New York， London，Monrovia and Bali. In May 2013， a report titled A New Global Partnership：Eradicate Poverty and Transform Economies through Sustainable Development was submitted to the UN Secretary-General. Meanwhile， the Sustainable Development Solutions Network as a transnational civil society was founded in August 2012 and a report Action Agenda for Sustainable Development was submitted in June 2013.

While heated discussions about the Post-2015 Development Agenda are underway， the 2012 UN Conference on Sustainable Development —the Rio+20 summit — officially introduced the Sustainable Development Goals into the UN system. In January 2013， the UNGA Open Task team on Sustainable Development Goals （UNOWG） with 30 member states was established and authorized to draw up a sustainable development target for the 2014 UNGA review. In July 2014， UNOWG published the Outcome Document， and submitted 17 sustainable development targets concerning the Post-2015 Agenda， 169 goals and a series of indicators.

The aforementioned work report of the UN system and the Outcome Document share two noticeable features.

1. Both， to some extent， emphasize that the Post-2015 UN Global Development Agenda should not only be dedicated to completing the unfinished tasks of the MDGs （mainly poverty alleviation， hunger， education，health and gender equality，） but also attach importance to the SDGs put forward during the 2012 UN Sustainable Development Summit （where additional efforts are encouraged to be made in food security， water resources，biodiversity， climate change and maritime issues，） which means that the Post-2015 Global Development Agenda will integrate the MDGs with the SDGs.

2. Both believe that goals set by the UN Post-2015 Global Development Agenda should be universally applicable. That is to say， the new goals should apply to all member states regardless of their economic，political， legal， social or other situations. Thus， all countries should make commitments to jointly realizing the new global development goals， which means that both developed and developing countries should adjust their own national policies to realize the SDGs.

The aforementioned two features are a reflection of the new development thinking of the international community and acknowledgment of the problems encountered in realizing the MDGs. On the one hand，the MDGs have achieved great success， but there is no denying that their focus was too narrow， because they were preoccupied with the short-term development of mankind. This is not in line with the new sustainable development thinking that views the economy， society and environment as a holistic whole， and which seek the sustainable long-term well-being of mankind. In realizing the MDGs， the target of environmentally sustainable development concentrates on goal seven. But this failed to be translated into quantitative goals， something which needs to be improved in the Post-2015 Global Development Agenda. On the other hand， the MDGs， originating from the 2000 United Nations Millennium Declaration， are the traditional South-North Cooperation Agenda， focusing on improving the social status of developing countries. The 2002 Monterrey Conference on Financing for Development underscored the importance of domestic resources and the assistance role of aid， but cooperation is largely defined from the prospective of Northern nations providing aid to Southern nations.13Ema Scholz： “Germany's Position on Post 2015 Global Sustainable Development Agenda，” in Ye Jiang and Thomas eds.， A Study on UN Post 2015 Global Development Agenda - From the Perspective of China and Europe， Shanghai People's Publishing House， 2015， p.112.The Post-2015 Development Agenda should revise its previous cooperation mechanism based on the traditional development cooperation system between OECD donors and developing nations from Asia， Africa and Latin America， makingthe new agenda applicable to both poor and rich countries so as to inject vitality into future international development cooperation.

Therefore， the intergovernmental negotiation of the Post-2015 Global Development Agenda at the 69th UNGA was based on the open working group's Outcome Document， and the agenda was seen as a universal road map for global sustainable development. Meanwhile， poverty alleviation continues to be the priority in the road map.

Since the integration of the MDGs and SDGs in the Post-2015 Global Development Agenda， as well as the new basic principle of universality， the principle of common but differentiated responsibilities have gained more importance. Common but differentiated responsibilities were mentioned in the second report released by the UN system task team in the early 2013 and the Outcome Document publicized by the open working group in July 2014. The report titled A Renewed Global Partnership for Development says that under the post-2015 framework， the global partnership should be based on the principle of common but differentiated responsibilities.14UN System Task Team on the Post 2015 UN Development Agenda， “A Renewed Global Partnership for Development，” http：//www.un.org/en/development/desa/policy/untaskteam_undf/glob_dev_rep_2013.pdf.The Outcome Document says that the open working group reiterates the principles in the Rio Declaration on Environment and Development including the principle of common but differentiated responsibilities.15UNOWG， “Outcome Document，” http：//sustainabledevelopment.un.org/focussdgs.html， issued on 20140720.

However， most developed countries do not support common but differentiated responsibilities as an organic part of the Post-2015 Development Agenda. The EU Commission submitted A Global Partnership for Poverty Eradication and Sustainable Development after 2015 to the European Parliament and other authorities in May 2015， in which commonbut differentiated responsibilities was not included. Germany's Post-2015 Agenda Position Paper says to improve mankind's well-being by taking on due responsibilities through protecting global public goods and establishing a framework benefiting development， which means that common but differentiated responsibilities only applies to obligation distribution in terms of providing global environmental products instead of being applicable to the entire international cooperation agenda.16Ema Scholz： “Germany's Position on Post 2015 Global Sustainable Development Agenda，” p.118.

As a matter of fact， since the integration of the MDGs with SDGs in the Post-2015 Global Development Agenda， social， economic and environmental issues have been combined， which means that common but differentiated responsibilities in response to the environment and climate change is poised to become a guiding principle of the new agenda. In other words， the principle of common but differentiated responsibilities， which used to play an essential role in sustainable development， will now apply to the entire agenda. This is because should common but differentiated responsibilities be abolished in realizing the Post-2015 Development Agenda， the legitimacy of the integration of the MDGs into the SDGs will be challenged. That is to say， it is still an open question whether the global development agenda is legitimate. Given that， can the new agenda be accepted by developing countries？ This is a major concern for developed countries.

More importantly， due to the international consensus， the UN Post-2015 Global Development Agenda should be universally applied to all states and thus the new agenda should emphasize common but differentiated responsibilities. The 193 members of the United Nations all have different economic and political backgrounds. However， according to the principleof universality， once a new global agenda is signaled， all UN members bear shared responsibilities to achieve the common goals. But the thorny problem lies in the fact that on account of different national characteristics and the gaps in development， the UN standards divide nations into two tiers. Given that， while fulfilling their universal obligations both developing and developed countries as UN members must take on their due responsibilities accordingly. Otherwise， the desired results will be hard to realize because developing countries will give up the universal goals in the agenda as they struggle to meet the same responsibilities as developed countries.

There is no doubt that there is a gap among countries participating in drawing up the new agenda and fulfilling it. This consolidates CBDR as the basis and premise of the final universally accepted new agenda. That is to say，the principle of common but differentiated responsibilities is poised to serve the universal principle for the Post-2015 Development Agenda， while the latter is supported by the former. Therefore， the two principles complement each other. Probably due to the recognition of the organic relations between common but differentiated responsibilities and the principle of universality，China's Position Paper on the Post 2015 Development Agenda released by the Chinese government in September 2013 stated that common but differentiated responsibilities should be upheld.17“China's Position Paper on the Post 2015 Development Agenda，” September 22， 2013， http：//www. fmprc.gov.cn/mfa_chn/zyxw_602251/t1078969.shtml.

CBDR and Future Implementation of Post-2015 Development Agenda

The intergovernmental negotiation of the Post-2015 Global Development Agenda of the 69th UNGA set the new Sustainable Development Goals and announced that SDGs would replace the MDGs in the 70th UNGA. In the carrying out of the SDGs， the principle of common but differentiated responsibilities will play a vital role.

Common but differentiated responsibilities will play an indispensablepart in enhancing the implementation of SDGs and improving global partnerships. The Outcome Document mentioned common but differentiated responsibilities in its introduction twice， considering it one of the foundations for realizing the new goals for sustainable development. With regard to its 17th goal of sustainable development—enhancing global partnerships—the principle was not mentioned， but the recommended goals and indicators explicitly express the fundamental spirit of it. For example，developed countries should fully fulfill their official aid promises， including 0.7 percent of their GNI as official development assistance for developing countries and 0.15 percent to 0.20 percent as aid to the least developed countries.18Open Working Group on Sustainable Development Goals， “Outcome Document，” July 20， 2014， http：// sustainabledevelopment.un.org/focussdgs.html.As can be seen from the statistics， developing countries and developed countries have different responsibilities in fulfilling SDGs， so developed countries must shoulder their historical responsibilities， and to the best of their ability help developing countries especially the least developed ones to realize the SDGs.

In recent years， Policy Coherence for Development （PCD） is playing a more important role in international development cooperation， and moreover， it will have massive impact on the post-2015 SDGs. The implementation of the SDGs requires nations to integrate their strategies and emphasizes coordination. Since the aforementioned thought has been introduced into the Post-2015 Global Development Agenda， it has been connected with common but differentiated responsibilities and they interact with each other in achieving the SDGs.

Policy Coherence for Development （PCD）， as a policy tool or way， is designated to serve the domestic and international policy-making processof countries in their sustainable development.19“PCD in a Post-2015 World，” Presentation by Ernesto Soria Morales （OECD PCD Unit） at the EU PCD Focal Points Meeting， Brussels， October 21， 2014， http：//www.oecd.org/development/pcd/ policycoherenceinapost-2015world.htm.Policy coherence for development may be traced back to the early 1990s when non-governmental organizations in Europe initiated campaigns calling for consideration to be given to the interests of developing countries when formulating new EU policies. They advocated a balance of coordination between new policies and previous development cooperation policies without damaging the latter. In the late 1990s， the OECD defined the idea as policy coherence for development and elaborated on it to ensure that policies do no damage the international development goals.

Policy coherence for development first emphasized developed countries' obligations in taking into consideration the impact on developing countries when formulating policies in areas such as trade， finance， immigration，security， and science and technology. Therefore， the idea encourages developed countries to take on the responsibilities to maintain policy coordination under the South-North cooperation framework so as to benefit developing countries. As policy coordination for development has been carried out， the idea has developed beyond the range of no damage， and it has begun to reinforce coordination between development cooperation policies as well as the revision of existing inconsistent policies. In recent years， the European Union and OECD have introduced policy coordination for development among developing countries， making it an all-round and widely accepted concept in global development. The advancement of policy coordination for development is said to be internal， within administration，intergovernmental and multilateral coherence among both developing countries and other stakeholders.20A. Knoll， “Bringing Policy Coherence for Development into the Post-2015 Agenda： Challenges and Prospects，” ECDPM Discussion Paper 163， Maastricht： ECDPM， 2014.The Outcome Document also accepts this idea and transfers it into detailed SDGs. For example， two goals namely 17.13 to enhance global macroeconomic stability through policy coordination and policy coherence and 17.14， which enhances policycoherence for sustainable development，21Open Working Group on Sustainable Development Goals， “Outcome Document.”focus on policy coherence.

Due to the fact that Outcome Document is a fundamental document resulting from the intergovernmental negotiations for the United Nations Post-2015 Global Development Agenda， enhancing policy coordination for development will become a practical goal for realizing the SDGs. Given the universality of the SDGs， policy coordination for development will be promoted beyond the range of obligations for developed countries and will not be restricted to the policy guidance of no damage. This implies that both developed and developing countries （including the BRICS members and other emerging economies） have shared responsibilities to push forward policy coordination so as to fully realize the SDGs in the Post-2015 Development Agenda. However， there is still a huge gap between developing and developed countries in their levels of development and their capabilities，so they should still have differentiated responsibilities. As the policy coordination for development among countries deepens， the interaction between policy coordination for development and CBDR will become increasingly valuable.

The principles of common but differentiated responsibilities and policy coordination for development came into being in the early 1990s，but neither was adopted in the UN MDGs. In the long-run pursuit of the new SDGs， common but differentiated responsibilities must apply to policy coordination for development. The reasons are chiefly as follows.

（1） Developing countries， with more experience and expertise in policy coordination for development， bear larger responsibilities in providing effective policy suggestions to developing countries， which is of great significance to the shared responsibility of both developed and developing countries to advance policy coordination for development.

（2） The OECD， whose members are mostly developed countries， has produced some international mechanisms concerning policy coordination for development. Thus， developed countries have larger responsibilities in fosteringinternational mechanisms with regard to policy coordination for development.

（3） Developed countries are obliged to help developing countries to implement policy coordination for development goals in the Post-2015 Development Agenda because the former have both sufficient funds and first-hand experience.

（4） Developing countries have the same responsibility for promoting policy coordination for development as developed countries， but it will take time for them to absorb and adjust their policies when implementing the SDGs. Therefore， they take a longer time to push forward policy coordination for development than developed countries.

Illicit financial flows （IFFs） and the combating of them best illustrate the interaction between common but differentiated responsibilities and policy coordination for development when pursuing the Post-2015 Development Agenda. Given that， we can gain a better understanding of the important role of common but differentiated responsibilities in enhancing policy coherence by analyzing the impact and function of common but differentiated responsibilities in combating IFFs.

IFFs refer to the transnational transfer of capital in violation of domestic and international laws.22IFFs can include： Funds with criminal origin； Funds with a criminal destination； Funds associated with tax evasion； Transfers to， by， or for， entities subject to financial sanctions； and Transfers which seek to evade anti-money laundering /counter-terrorist financing measures or other legal requirements.IFFs devastate sustainable development. In the Outcome Document， striking against IFFs has been listed as one of the goals in Post-2015 Development Agenda.2316.4： Remarkable and Significant Reduce in IFFs and the Flow of Weapons， Open Working Group on Sustainable Development Goals， “Outcome Document.”Given that IFFs are conducted transnationally， it is the responsibility of each nation to fight them. At present， the international community has formulated relative international conventions and standards. International organizations have also been founded to jointly respond to IFFs. Because of the disparity in their capability to manage IFFs and the funds mostly flow from developing countries to developed countries， they have differentiated responsibilities. In fact， OECD and other international organizations have taken theimitative in restricting the flow of illicit capital， such as the Tax Inspectors without Borders （TIWB） campaign where experienced tax inspectors are dispatched to countries of their own accord. They teach first-hand tax audit knowledge and expertise to local tax authorities to assist developing countries in improving their tax audit capabilities and establishing effective tax management mechanisms.24OECD， “Policy Coherence for Sustainable Development，” http：//www.oecd.org/development/pcd/ thematic%20module%20on%20IFF.pdf.Besides， the OECD is also playing a positive role in setting up international standards and authority in response to IFFs， accelerating the formulation of an International Soft Law and pushing forward relative initiatives and international dialogue. It can be seen that developed countries have more responsibilities in providing policy suggestions to developing countries and setting up international mechanisms to combat IFFs. This also shows that the principle of common but differentiated responsibilities has a huge impact on enhancing policy coordination for development in realizing the Post-2015 Global Development Agenda.

It cannot be denied that developing countries should also promise and take on their due obligations in realizing the SDGs in the Post-2015 Development Agenda by transferring universal goals into practical actions and domestic development strategies. That is to say， they should make efforts to effectively implement the new SDGs by choosing their own development models and development paths under the guidance of Post-2015 Global Development Agenda. South-South cooperation will play an essential role in realizing the agenda in developing countries， and moreover， will become an indispensable link in fostering global partnerships. In realizing the agenda，measurement and evaluation of South-South cooperation will become key topics of the Implementation of Measures （IOM） of the SDGs. Only when developed and developing countries both abide by common but differentiated responsibilities in their domestic and international cooperation will the universal SDGs and other indicators in the Post-2015 Global Development Agenda be fulfilled.

Ye Jiang is the Senior Research Fellow at the Shanghai Institutes for International Studies.