Montreal Protocol, developing countries may not have joined at all or
agreement may only have been reached at the "lowest-commondenominator" to ensure their participation.
For this reason, implementing the model of the Montreal Protocol seems
to be a more feasible approach; using delayed compliance schedules (differential treatment) for the developing countries for an initial period and at the
same time supplying them with financial support.
84 For example, the grace
period would allow the developing countries to recover some of the investment made in capital equipment using substances such as CFCs, and
gives them more time to switch to ozone-safe technologies, since the absorption of new technologies is usually slower in a developing country than
an industrialized one.
85
Notes
1.See Handl, supra Chapter 2 note 206.
2.See Stewart, supra Chapter 3 note 161, at 2099, 2104.
3. Jennifer Barsky, World Business Council Issues Biodiversity Report, EARTH TIMES
( June 23, 1997) <http://www.earthtimes.org/earthsummit.htm> (quoting Yolkanda
Kakabadse, president of the World Conservation Union (IUCN)). 4.Scientists and economists have come up with a number for the value of nature
through "green accounting": $33 trillion a year, which can lend perspective to the
discussion of long term benefits of using incentives for promoting developing
country participation in international environmental agreements. Those services
will not be available to the same extent as they are today if developing countries
continue down the "unsustainable" development path. See Mark Muro, Green
Accounting: Gimmick or New Way for Environment?, EARTH TIMES ( June 28, 1997)
U+003Chttp://www.earthtimes.org.earthsummit>. 5.See Brundtland Commission's Report, supra Chapter 1 note 15, at 366; Dernbach, supra Chapter 2 note 173, at 10513.
6.See Brundtland Commission's Report, supra Chapter 1 note 15, at 5 (predicting
an increase in environmental pressure causing population movements).
7.Sands, supra Chapter 3 note 82, at 375.
8.See Agenda 21, supra Chapter I note 8, ¶ 33.3.
9.See Kamen Sachariev, Promoting Compliance with International Environmental
Legal Standards: Reflections on Monitoring and Reporting Mechanisms, in 3 YEARBOOK
OF INTERNATIONAL ENVIRONMENTAL LAW32 ( 1992) (referring to how damage to the
environment by human activities is often irreversible and is difficult to assess in
monetary values).
10.See Hilary F. French, Learning from the Ozone Experience. in STATE OF THE
WORLD 1997 at 169 (
Lester R. Brown et al. eds., 1997).
11.The precautionary approach or precautionary principle requires that
"[w]here there are threats of serious or irreversible damage, lack of full scientific
-80-
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information:
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: 80.
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