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

By Anita Margrethe Halvorssen | Go to book overview

statistics are an indication that using funding mechanisms seems to be an effective mechanism to promote participation by developing countries in environmental treaties, leading to universal participation.

Yet, in the case of the Desertification Convention, the Parties agreed not to establish a separate fund, but instead are relying on a Global Mechanism through which developed countries are to mobilize funding from existing sources for developing countries. 192 Whether this mechanism will be as effective an incentive as the financial mechanism used in the Montreal Protocol or the Climate Change Convention, remains to be seen.

In contrast to technical and financial assistance provisions, joint implementation as stipulated in the Clean Development Mechanism (CDM) of the Kyoto Protocol is still a controversial incentive. 193 CDM promotes technology transfers because in the effort to seek credits to use toward its emission reduction obligations, the developed countries will transfer environmentally sound technology to developing countries. However, it also entails a bureaucracy to certify the emission reductions of the different projects. Furthermore, some environmentalists claim it gives developed countries a license to pollute. 194 Yet, joint implementation can be limited in its use, and made applicable to contribute to compliance with only part of the quantified emission limitation for developed countries, the rest being done through domestic efforts, as the parties agreed to in the Kyoto Protocol. 195 In addition, joint implementation, just as emissions trading 196 is a market- based mechanism that has the potential of achieving low cost emission reductions while promoting sustainable development.


Notes
1.
See supra text accompanying Chapter 1 note 36.
2.
For a list of current OECD countries, see supra Chapter 1 note 27. Annexes I and II of the Climate Change Convention, however, include the OECD countries as of 1992, excluding Mexico (member as of 1994), and the Republic of Korea ( 1996) which joined OECD after the adoption of the Climate Change Convention. The Czech Republic ( OECD member as of 1995), Slovakia ( 1995), Hungary ( 1996), and Poland are included in Annex I as countries undergoing the process of transition to a market economy.
3.
See Climate Change Convention, supra Chapter 2 note 137, art. 4, ¶ 3.
4.
See infra text accompanying and following note 55.
5.
See infra text accompanying note 46.
6.
The are, for instance, different targets among the parties of the regional agreement called the Protocol to the Convention on Long-Range Transboundary Air Pollution on Further Reduction of Sulphur Emissions. See Protocol to the Convention on Long-Range Transboundary Air Pollution on Further Reduction of Sulphur Emissions, June 14,1994, annex II1, 33 I.L.M. 1540.

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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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