by compensating states for certain activities in the global interest by picking
up the "incremental costs" of developing countries to fulfill their treaty
commitments, as in the Montreal Protocol and the Climate Change Convention.
223 Although the impact of these subsidies on the North-South
transfers is still relatively small, they amount to "asymmetrical" obligations,
differentiated and balanced on grounds of equity.
See GURUSWAMY ET AL., supra Chapter 1 note 20, at 44.
See BIRNIE & BOYLE, supra Chapter 1 note 3, at 9. For a complete coverage of
the sources of international law, see IAN BROWNLIE, PRINCIPLES OF PUBLIC
INTERNATIONAL LAW1-30 ( 1990).
Statute of the International Court of Justice, June 26, 1945, 1976 Y.B.U.N. 1052,
59.Stat. 1031, U.N.T.S. No. 993 (entered into force Oct. 24, 1945). [hereinafter ICJ
See GURUSWAMY ET AL., supra Chapter 1 note 20, at 45.
ICJ Statute, supra note 3, art. 38.
Vienna Convention on the Law of Treaties, art. 1(1)(a) concluded at Vienna, May 23,
1969, 1155 U.N.T.S. 331 (entered into force Jan. 27, 1980). Although the Vienna Convention has not entered into force for the United States, it is, however, considered to represent
generally accepted principles, which the United States has also appeared to accept. See Restatement (Third) of Foreign Relations Law of the United States § 325 (1987). This
convention also states that it does not apply to and does not affect the legal force of treaties
that are not in written form or treaties made between states and other subjects of international law. See id. art. 3(a).
See id. art. 26. See Brownlie, supra note 2, at xlviii.
Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes, concluded at Basel, 22 March 1989, 28 I.L.M. 649 [hereinafter Basel Convention].
Montreal Protocol, supra Chapter 1 note 25, art. 2.
United Nations Convention on the Law of the Sea, concluded at Montego
Bay, Dec. 10, 1982, 21 I.L.M. 1261 ( 1982) [hereinafter UNCLOS].
See BIRNIE & BOYLE, supra Chapter 1 note 3, at 26.
See GURUSWAMY ET AL., supra Chapter 1 note 20, at 516.
See IAEA Convention on Early Notification of a Nuclear Accident, concluded
on 26 September 1986, entered into force on October 27, 1986, 25 I.L.M. 1369; IAEA
Convention on Assistance in Case of a Nuclear Accident or Radiological Emergency, concluded on September 26 1986, entered into force on Sept. 26, 1987, 25
See Patrick Szell, Ozone Layer and Climate Change, in ENVIRONMENTAL
PROTECTION AND INTERNATIONAL LAW 172 (
Wilfried Lang et al. eds., 1991).
Questia, a part of Gale, Cengage Learning. www.questia.com
Book title: Equality among Unequals in International Environmental Law:Differential Treatment for Developing Countries.
Contributors: Anita Margrethe Halvorssen - Author.
Publisher: Westview Press.
Place of publication: Boulder, CO.
Publication year: 1999.
Page number: 31.
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