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

By Anita Margrethe Halvorssen | Go to book overview

Chapter 2 introduces the sources of international environmental law in this context, reviews the development of this new branch of international law, and explains how it has evolved to take into account the situation of developing countries. In addition, Chapter 2 analyses the principle of equity or fairness in international law in relation to the use of differential treatment for developing countries in international environmental agreements. Chapter 3 discusses the concept of sustainable development and its legal implications. Chapter 4 analyses the main sources of conflict with regard to the treatment of developing countries in the international regulatory process and examines the use of uniform versus differential norms. Chapter 5 examines the incentives specifically addressed to developing countries and disincentives, as they appear in the provisions of some of the international environmental agreements and assesses the merits of the different types of differential norms. Chapter 6 addresses how international institutional structures can facilitate the participation of developing countries in international environmental agreements. Chapter 7 analyses various special funding mechanisms that have emerged, which have created more incentives for developing countries to participate in international environmental agreements. Chapter 8 examines the role of non- governmental organizations in promoting universal participation. In conclusion, Chapter 9, summarizes the goals, strategies, and effective mechanisms that enable developing countries to begin to effectively participate and move toward more equal participation in the regulatory process to address global environmental problems.


Notes
1.
See James Barnes, The Growing International Dimension to Environmental Issues, 13 COLUM. J. ENVTL. L. 389 ( 1988).
2.
But see Fred Singer, A Treaty Built on Hot Air, Not Scientific Consensus, WALL ST. J., July 25, 1997, at A2 (referring to the Framework Convention on Climate Change, and arguing that global warming is mostly a "phantom" problem).
3.
See PATRICIA W. BIRNIE & ALAN E. BOYLE, INTERNATIONAL LAW AND THE ENVIRONMENT 1 ( 1990).
4.
See Daniel Bodansky, Professor of Law, University of Washington School of Law, LAW A545: International Environmental Law (Autumn 1996) (visited March 1997) <http://www2.law.washington.edu/Bodansky/iel96f.htm> (also listing Trade and the Environment as a separate section). (current information available as of Mar. 5, 1999 at <http://www2.law.washington.edu/bodansky/uw/teaching/ iel/a545frame.htm >).
5.
See OSCAR SCHACHTER, INTERNATIONAL LAW IN THEORY AND PRACTICE 366 ( 1991).
6.
See id.
7.
See Mary Pat Williams Silveira &, with Barbara Ruis, "International Law for Sustainable Development: An Attempt at Definition", 2 NAFTA, LAW AND BUSINESS REVIEW OF THE AMERICAS 13 ( 1996). (The term was used in Agenda 21, but it referred

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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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