L'équité dans les négociations post-Kyoto : critères d'équité et approches procédurales

In the global warming negotiations, all parts agree to look for just and fair solutions. But each one develops a specific understanding of what equity implies. In fact, the political conditions for the development of an order based on the concept of justice are not met within the international community. The impossibility to conclude about fairness and equity echoes the need of lacking well-shaped tests that would allow arbitration among conflicting claims. Within such a context, issues of justice tend to be reinterpreted in terms of acceptability. In fact the various conceptions about fair and equitable solutions to support depend on empirical situations and justification orders that shape them. Specifically, a Kyoto-type regime, designed to give birth to trades of obligations and rights, does affect the nature of problems of justice to solve and the key relevant concepts of justice to use. Market reveals both as a critical means to make it possible to consider equity criteria at all when comes the distribution of emission rights and abatement obligations, and a lever to transform a problem of topic justice into one of global justice. This leads to open up the issue of allocating GES emission rights in a broader context.