Equality among Unequals in International Environmental Law: Differential Treatment for Developing Countries

By Anita Margrethe Halvorssen | Go to book overview

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-

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Equality among Unequals in International Environmental Law: Differential Treatment for Developing Countries
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Cases vii
  • Major Treaties and Other International Instruments ix
  • Preface xiii
  • Acknowledgments xv
  • 1 - Introduction 1
  • Notes 7
  • 2 - Background 11
  • Notes 31
  • 3 - Sustainable Development 41
  • Notes 60
  • 4 - Facilitating the Participation of Developing Countries -- Sources of Conflict Regarding Their Treatment in the International Regulatory Process 67
  • Notes 80
  • 5 - Promoting the Participation of Developing States -- Incentives and Disincentives in Some International Environmental Agreements 85
  • Notes 108
  • 6 - International Institutional Structures 117
  • Notes 139
  • 7 - Special Funding Mechanisms 149
  • Notes 160
  • 8 - The Role of Non-Governmental Organizations (ngos) and Other Major Groups in Promoting Universal Participation 167
  • Notes 177
  • 9 - Conclusion 181
  • Abbreviations and Acronyms 185
  • Selected Bibliography 187
  • Index 195
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