Striving for Fairness: A Critical Examination of the ‘Common but Differentiated Responsibilities and Capabilities’ Principle in International Health Law

Abstract

The ‘Common but Differentiated Responsibilities and Respective Capabilities’ (‘CBDRC’) is a traditional yet rather controversial principle of International Law. It stems from the need to establish an equitable approach to global concerns through non-reciprocal obligations. Despite the quasi-universal acceptance of the principle since its first appearance in the 1992 Rio Declaration on Environment and Development, certain legal challenges persist regarding its formal status, the rationale for the differentiation of legal obligations, and its implementation. The CBDRCs principle continues to play a crucial role in the ongoing post-pandemic negotiations aimed at reshaping the international health legal architecture. This article argues that translating the principle of CBDRCs into operational tools for a comprehensive system of pandemic prevention, preparedness and response, could address inequalities between the Global North and the Global South, thus changing the narrative on fairness in international health law.