The Principle of Common But Differentiated Responsibilities in International Environmental Law: Towards an African Legal Doctrine

This dissertation develops an original African legal doctrine of common but differentiated responsibilities (CBDR) in international environmental law, contributing theoretical depth to a principle that has been central to climate, biodiversity, and chemicals governance but whose normative content and legal status remain contested. CBDR, first articulated in the Rio Declaration and developed in the UNFCCC and Paris Agreement, reflects the differential historical contributions to global environmental problems and the varying capacities of states to address them, yet its legal operationalisation in African contexts has been undertheorised. Drawing on African legal philosophy, ecological philosophy, and comparative analysis of CBDR invocations by African states in climate, biodiversity, and chemicals treaty negotiations, this research develops an original African CBDR doctrine that articulates the principle's legal content, its justiciability, and its relationship with the right to development and intergenerational equity. It fills a critical gap in the environmental law literature by providing the first doctrinally rigorous African CBDR framework, grounding it in African legal theory rather than importing Northern regulatory frameworks. The dissertation applies the proposed doctrine to Nigeria's specific international environmental obligations, deriving concrete recommendations for Nigeria's treaty negotiating positions and domestic environmental law. Empirical components include analysis of African Group negotiating positions in UNFCCC and CBD treaty conferences. Findings indicate that a doctrinally rigorous African CBDR framework significantly strengthens Africa's legal claims for climate finance and technology transfer. Keywords: CBDR, environmental law, climate change, African doctrine, Nigeria.