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

By Anita Margrethe Halvorssen | Go to book overview

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. 224


Notes
1.
See GURUSWAMY ET AL., supra Chapter 1 note 20, at 44.
2.
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).
3.
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 Statute].
4.
See GURUSWAMY ET AL., supra Chapter 1 note 20, at 45.
5.
ICJ Statute, supra note 3, art. 38.
6.
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).
7.
Id. art. 11.
8.
See id. art. 26. See Brownlie, supra note 2, at xlviii.
9.
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].
10.
Montreal Protocol, supra Chapter 1 note 25, art. 2.
11.
United Nations Convention on the Law of the Sea, concluded at Montego Bay, Dec. 10, 1982, 21 I.L.M. 1261 ( 1982) [hereinafter UNCLOS].
12.
See BIRNIE & BOYLE, supra Chapter 1 note 3, at 26.
13.
See id.
14.
See GURUSWAMY ET AL., supra Chapter 1 note 20, at 516.
15.
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 I.L.M 1377.
16.
See Patrick Szell, Ozone Layer and Climate Change, in ENVIRONMENTAL PROTECTION AND INTERNATIONAL LAW 172 ( Wilfried Lang et al. eds., 1991).
17.
See id.

-31-

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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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