Differential Treatment in International Environmental Law and the Climate Regime PDF Download

Author: Temitope Onifade
Publisher:
ISBN:
Category :
Languages : en
Pages : 23

View

Book Description
Conducting a doctrinal an ...

Author: Lavanya Rajamani
Publisher: Oxford University Press on Demand
ISBN: 9780199280704
Category : Law
Languages : en
Pages : 281

View

Book Description
This text explores the value of differential treatment in integrating developing countries into international environmental regimes. It systematically categorizes and analyses the terms of integration, respecting differential treatment across new generation environmental treaties.

Author: Philippe Cullet
Publisher: Routledge
ISBN: 1351944207
Category : Law
Languages : en
Pages : 342

View

Book Description
This book is a comprehensive study of differential treatment for developing countries in international environmental law. It offers a compelling analysis of the legal dimension of the relationship between developed and developing countries in the environmental field and beyond. It first critically examines the principle of legal equality of states and then explores the conceptual framework behind the notion of differential treatment in international law and its relevance in bringing about substantive equality. The book examines the development of differentiation in international environmental law, considers its application in various environmental treaties and evaluates the legal status of existing differential norms. It also examines the contribution of differentiation to the implementation of environmental treaties and the extent to which differential treatment fosters the decentralization of international environmental policy making. It is an indispensable resource for all actors involved in environmental law and policy making, scholars and students.

Author: Tuula Honkonen
Publisher: Kluwer Law International B.V.
ISBN: 9041131531
Category : Law
Languages : en
Pages : 434

View

Book Description
Built in to every multilateral environmental agreement is a dilemma: how to incorporate justice and fairness on the one hand and effectiveness on the other. Our immense difficulty in meeting this two-edged imperative highlights the fact that we are, at best, at an early stage in the development of international environmental ethics, and that no coherent and effective ethical system yet exists in this context. This remarkable book starts from a conviction that the principle of common but differentiated responsibility (CBDR) offers the best way forward toward the much-desired goal of sustainable development. Presenting a full-scale, multidisciplinary assessment of the feasibility of the principle of CBDR in multilateral environmental agreements, encompassing legal and policy status perspectives as well as historical developments and future prospects, this study identifies issues and aspects in the theoretical and practical application of the CBDR principle. The author responds with in-depth knowledge and awareness to such specific questions as the following: What does the principle of common but differentiated responsibility entail in international environmental law, with special reference to international environmental treaties? How is the principle reflected in the burden-sharing design of current agreements? What problems and challenges does the practical application of the CBDR principle present to the international community and individual countries as well as to the international environmental regimes themselves? What factors should be taken into account when assessing the success or failure of the principle? What is the status of the principle in international environmental law (currently and possibly in the future), and what are its implications in the broader international context? The author examines methods for differentiation from both theoretical and actual treaty-level viewpoints. She offers examples from the negotiation history of international environmental treaties to shed light on the importance of information-sharing and wide participation during the negotiations. Recognizing that, in the international environmental field, problems of economic development and the geopolitics of global wealth distribution soon come to the fore, and that each stateand’s right to development should not be too heavily restricted under international environmental regimes, she demonstrates that the CBDR principle has a strong potential to formally integrate the environment and development at the international level. The study will be of immeasurable value in promoting understanding of how CBDR actually works. It will help lawyers and policymakers perceive how different parties want to use the principle, and to discern clearly what options could be chosen by the parties, which aspects are crucial, and what factors influence the effectiveness of the arrangements.

Author: Philippe Cullet
Publisher:
ISBN:
Category : Electronic book
Languages : en
Pages :

View

Book Description

Author: Anita Margrethe Halvorssen
Publisher: Routledge
ISBN: 0429721544
Category : Political Science
Languages : en
Pages : 178

View

Book Description
This book provides an examination of the principles of equality and equity in international environmental law. It focuses on analyzing what has been done on the international plane to promote the participation of developing countries in international environmental agreements.

Author: Simone Schiele
Publisher: Cambridge University Press
ISBN: 1139992848
Category : Law
Languages : en
Pages : 313

View

Book Description
Drawing specifically on the international climate regime, Simone Schiele examines international environmental regimes from a legal perspective and analyses a core feature of international regimes - their ability to evolve over time. In particular, she develops a theoretical framework based on general international law which allows for a thorough examination of the understanding of international law and the options for law-creation in international environmental regimes. The analysis therefore provides both a coherent understanding of the international climate regime and a starting point for further research in other regimes.

Author: Lavanya Rajamani
Publisher: BRILL
ISBN: 9004444408
Category : Law
Languages : en
Pages : 336

View

Book Description
This book takes a critical lens to humanity’s collective regulatory response to the existential threat of climate change. It explores those aspects of the international climate change regime that, albeit born of political dysfunction, demonstrate ingenuity, innovation and experimentation. This includes aspects relating to the legal form of instruments in the regime, the legal character of its provisions, as well as norm hybridity and mutation, and the nature, extent and evolution of differential treatment in the regime. This book argues that innovations and experiments in the international climate change regime have resulted in a highly sophisticated and nuanced legal regime – one that challenges the conceptual boundaries of international law, enriches the core of treaty law and practice and is likely to have an enduring impact on international law, legal practice and diplomatic intercourse.

Author: Lavanya Rajamani
Publisher:
ISBN:
Category : Environmental law, International
Languages : en
Pages : 574

View

Book Description

Author: Philippos C. Spyropoulos
Publisher: Kluwer Law International B.V.
ISBN: 9041148884
Category : Law
Languages : en
Pages : 434

View

Book Description
The Common but Differentiated Responsibility Principle in Multilateral Environmental Agreements