A/HRC/39/18
of its targets to “implement the principle of special and differential treatment for developing
countries, in particular least developed countries, in accordance with World Trade
Organization agreements”. The corresponding indicator is “proportion of tariff lines applied
to imports from least developed countries and developing countries with zero-tariff”
(indicator 10.a.1). Special and differentiated treatment can go beyond tariff cuts. One of the
indicators to Sustainable Development Goal 14 recognizes that “appropriate and effective
special and differential treatment for developing and least developed countries should be an
integral part of the World Trade Organization fisheries subsidies negotiations”.48 Informed
by the principle of special and differentiated treatment, the World Trade Organization has
adopted an amendment to intellectual property rules to ease poor countries’ access to
affordable medicines.49 This decision, in line with Sustainable Development Goals target
3.b, has the potential to reduce inequality among countries with regard to access to public
health.50
58.
The international environmental law principle of common but differentiated
responsibilities establishes that the “developed countries acknowledge the responsibility
that they bear in the international pursuit of sustainable development in view of the
pressures their societies place on the global environment and of the technologies and
financial resources they command”.51 The principle is also enshrined in the United Nations
Framework Convention on Climate Change (art. 3 (1)) and the Paris Agreement (art. 2 (2)).
The principle of common but differentiated responsibilities informs climate finance
initiatives52 that may provide important tools to help implement the right to development in
developing countries.53 The principle is also referred to in the 2030 Agenda for Sustainable
Development. Sustainable Development Goal 13 includes as a relevant target to
“Implement the commitment undertaken by developed-country parties to the United
Nations Framework Convention on Climate Change to a goal of mobilizing jointly USD100
billion annually by 2020 from all sources to address the needs of developing countries in
the context of meaningful mitigation actions and transparency on implementation and fully
operationalize the Green Climate Fund through its capitalization as soon as possible”.54 It
also includes, in an indicator to target 13.b the “number of least developed countries and
small island developing States that are receiving specialized support, and amount of
support, including finance, technology and capacity-building, for mechanisms for raising
capacities for effective climate change-related planning and management” (indicator
13.b.1). By placing a more substantial burden on developed countries on the basis of their
differentiated responsibilities and respective capacities, the principle helps to address
inequalities among countries.
59.
The Declaration on the Right to Development affirms that States “should do their
utmost to achieve general and complete disarmament” and “to ensure that the resources
released by effective disarmament measures are used for comprehensive development, in
particular that of the developing countries” (art. 7). Inequalities among countries, including
asymmetries of power, are aggravated by the military might of States. Though there has
been a decline of military expenditure since the 1960s, it still surpasses 2 per cent the world
48
49
50
51
52
53
54
Target 14.6.
World Trade Organization, “Implementation of paragraph 6 of the Doha Declaration on the TRIPS
Agreement and public health”, WT/L/540 and Corr.1.
For other considerations in putting trade in the service of the right to development, see “The
international dimensions of the right to development: a fresh start towards improving accountability”,
paras. 94–113.
Rio Declaration on Environment and Development, principle 7.
For example, the clean development mechanism (Kyoto Protocol to the United Nations Framework
Convention on Climate Change, art. 12), the Adaptation Fund (FCCC/CP/2001/13/Add.1, decision
10/CP.7) and the Green Climate Fund (FCCC/CP/2010/7/Add.1, decision 1/CP.16, para. 102).
See “Promoting rights-based climate finance for people and planet”. See also Adaptation Fund Board,
“Environmental and social policy”, available at www.adaptation-fund.org/wpcontent/uploads/2013/11/Amended-March-2016_-OPG-ANNEX-3-Environmental-social-policyMarch-2016.pdf, paras. 14–19.
Target 13.a.
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