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

By Anita Margrethe Halvorssen | Go to book overview

Another problem with technology cooperation is that there seems to be no change in the procedures to avoid the problems of the sixties and seventies, when foreign investments led to foreign dominance, which in some cases ended in mass expropriations in Africa and Latin America. 70 In addition, BCSD does not clarify whether it promotes non-equity forms of investments, such as technical assistance and management agreements or lessthan-majority-owned joint ventures. 71 Yet, despite these misgivings, at least some of the projects have been successful, such as the ones undertaken by Northern Telecom.

At present, private capital flows are the most important source of external funding for developing countries. 72 This being the case, it would seem to be vital to get business and industry involved in pursuing the goal of sustainable development. Promoting partnerships that take into account environmental considerations as the one mentioned above are important, but developing countries need to strengthen their environmental regulations to ensure that these partnerships function in the intended manner.


Notes
1.
See Role and Contribution of Major Groups, U.N. Commission on Sustainable Development, 5th Sess., § I, ¶ 1, U.N. Doc. E/CN.17/1977/2/Add.22 (1997).
2.
See Agenda 21, supraChapter 1 note 8, § III, chs. 23-32.
3.
See id.
4.
See Role and Contribution of Major Groups, supra note 1, § I, ¶ 4. The accreditation process is based on arrangements established by ECOSOC. See id.
5.
See id.
6.
See Agenda 21, supraChapter 1 note 8, ¶ 31.1.
7.
UNITED NATIONS CHARTER, supraChapter 2 note 193, art 71. See also Steve Charnovitz , "Two Centuries of Participation: NGOs and International Governance", 18 MICH. J. INT'L L.257 ( 1997).
8.
See David Tolbert, Global Climate Change and the Role of International Non- Governmental Organizations, in INTERNATIONAL LAW AND GLOBAL CLIMATE CHANGE 96, 97 ( Robin Churchill & David Freestone eds., 1991).
9.
See Agenda 21, supraChapter 1 note 8, ch. 27.1.
10.
Id. ch. 27.3.
11.
Organizations with legal personality in international law are permanent associations of nation states that exercise similar powers. See Brownlie, supraChapter 2 note 2, at 681-82. See also Dan Tarlock, "Environmental Law: The Role of Non- Governmental Organizations in the Development of International Environmental Law" 68 CHI.-KENT L. REV. n. 18 ( 1992).
12.
See Philippe Sands, "The Environment, Community and International Law", 30 HARV. INT'L L.J.393 ( 1989).
13.
See id. at 397.

-177-

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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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