Climate change at the global level, among other issues, is one of the greatest examples of an asymmetric situation. The developed states have been industrializing their economies through fossil fuel-based development for almost two centuries and half, gaining power and prosperity in the process. The environmental effects caused by such an economic system have disproportionately affected countries from the Global South, who played only a minor role in the process. The international environmental law, which should have served as a correction to this system, has often served as its reinforcement. From the structure of compromises contained in the UNFCCC framework to the structure of voluntary pledges included in the Paris Agreement, international climate governance is shaped by the negotiating capacity of their creators. The aim of this article is to discuss the undue burden on developing countries, analyze the concept of common but differentiated responsibilities and its political watering down, carbon colonialism in today’s green economy transition process, loss and damage mechanism at COP27 & COP28, and finally India's nuanced stance on climate issues against the larger backdrop of Global South politics. The main point here is that, without any radical restructuring of climate finance, legal emission obligations on historical polluters, and reparative justice, international environmental law would only be a tool for managing inequalities.
 

Keywords: Climate Justice; Carbon Colonialism; Loss and Damage; Climate Finance; International Environmental Law; Climate Litigation