Climate Change and the Right to Development: International Cooperation, Financial Arrangements, and the Clean Development Mechanism

The document examines the intersection of the right to development and climate change, focusing on the Clean Development Mechanism (CDM). It argues that while the CDM facilitates technology transfer and emissions reductions, it lacks sufficient human rights safeguards, equitable geographical distribution, and accountability mechanisms. The author proposes integrating a rights-based approach (RBA) and refining the High-Level Task Force's (HLTF) evaluation criteria to include science-based decision-making and the principle of common but differentiated responsibilities (CBDR).

• The right to development is defined as a comprehensive process aiming for the constant improvement of well-being for all individuals through active participation and fair distribution of benefits, integrating human rights with economic development.
• The Clean Development Mechanism (CDM) serves a dual purpose: promoting sustainable development in developing countries through investment and technology transfer, and assisting industrialized Annex I Parties in meeting their emissions targets cost-effectively.
• The CDM is criticized for an inequitable geographical distribution of projects, with China, India, Brazil, Mexico, and Malaysia hosting approximately 80% of all projects, while African countries have historically received far less investment.
• The CDM lacks a rights-based approach, specifically failing to require prior informed consent from affected communities and lacking an international accountability or grievance mechanism for stakeholders to challenge Executive Board decisions.
• The determination of whether a CDM project contributes to sustainable development is left solely to the host State's Designated National Authority (DNA), without requirements for an inclusive, participatory process or international scrutiny.
• Financial arrangements for climate change are dispersed; the Global Environment Facility (GEF) has generated $18.31 billion in assistance, while the Copenhagen Accord set a short-term goal of approaching USD 30 billion (2010-2012) and a long-term goal of USD 100 billion annually by 2020.
• The author recommends five specific modifications to the HLTF's right to development criteria to better evaluate climate partnerships, including the adoption of a science-based approach to decision-making and the formal recognition of common but differentiated responsibilities (CBDR).

APA

Orellana, M. (2010). Climate Change and the Right to Development: International Cooperation, Financial Arrangements, and the Clean Development Mechanism. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/06/Climate_Development_Jan10.pdf

Chicago

Orellana, Marcos. Climate Change and the Right to Development: International Cooperation, Financial Arrangements, and the Clean Development Mechanism. Center for International Environmental Law, 2010. https://www.ciel.org/wp-content/uploads/2015/06/Climate_Development_Jan10.pdf.

Wikipedia

{{cite report |last1=Orellana |first1=Marcos |title=Climate Change and the Right to Development: International Cooperation, Financial Arrangements, and the Clean Development Mechanism |publisher=Center for International Environmental Law |date=10 February 2010 |url=https://www.ciel.org/wp-content/uploads/2015/06/Climate_Development_Jan10.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{orellana2010climate, author = {Orellana, Marcos}, title = {{Climate Change and the Right to Development: International Cooperation, Financial Arrangements, and the Clean Development Mechanism}}, institution = {Center for International Environmental Law}, year = {2010}, month = feb, url = {https://www.ciel.org/wp-content/uploads/2015/06/Climate_Development_Jan10.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }