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Author: Philippe Cullet Publisher: Routledge ISBN: 9781138250888 Category : Languages : en Pages : 224
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: Philippe Cullet Publisher: Routledge ISBN: 9781138250888 Category : Languages : en Pages : 224
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: Philippe Cullet Publisher: Routledge ISBN: 1351944207 Category : Law Languages : en Pages : 342
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: Lavanya Rajamani Publisher: Oxford University Press on Demand ISBN: 9780199280704 Category : Law Languages : en Pages : 281
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: ISBN: Category : Languages : en Pages :
Book Description
International law has traditionally been based on the principle of sovereign equality of states. As a consequence, treaties have normally provided for similar obligations for all states. In recent decades, the expansion of the international community and the globalization of environmental and economic issues have led to the search for new legal tools to take into account existing disparities and inequalities among states and to foster a better implementation of international agreements. Differential treatment, which refers to instances where the principle of sovereign equality is sidelined to accommodate extraneous factors, such as divergences in levels of economic development or unequal capacities to tackle a given problem, constitutes one possible avenue to make international law more responsive to these new challenges and to foster substantive equality among states. This article first examines the conceptual issues underlying the development of differentiation among states. It further surveys the development of differential treatment and examines its current status in international law, especially with regard to recent developments in international environmental law.
Author: James Bacchus Publisher: Routledge ISBN: 1000385981 Category : Law Languages : en Pages : 98
Book Description
This book critically analyses the World Trade Organization’s approach to "special and differential treatment" (SDT) to argue that it is founded on seeking exemptions from WTO obligations, instead of creating an enabling environment for developing countries to integrate fully into the multilateral trading system. Through six key sections: United States Proposal on Special and Differential Treatment Responses to United States Proposal The Evolution of Differential Treatment Failure of the Current Approach to Differential Treatment Complications Created by China’s Emergence in the Global Economy An Alternative Approach to Differential Treatment this book explores how, by adopting a new evidence-based, case-by-case approach to SDT, the development of the poorest countries can best be advanced, while at the same time ensuring that advanced developing countries carry their weight in the organization. It will be of interest to scholars and students of international trade law and political science, as well as trade practitioners such as lawyers, diplomats, and analysts.
Author: Khurshid Hyder Publisher: Springer Science & Business Media ISBN: 9401190623 Category : Law Languages : en Pages : 287
Book Description
Doctor Hyder's meticulous and comprehensive study throws much needed light on the often invoked but little understood concept of "discrimination" in international law. It is also of great practical value to those who are concerned with the law of international trade. "Discrimination" is a word with bad connotations. It suggests un fairness, prejudice and favouritism. It seems to point to adeparture from the ideal of equal opportunities, equal rewards and even-handed legal protection of all human beings without regard to differences of race, religion, ethnic origin or sex. Similarly, in public international law "discrimination" suggests violation of the principle of equality of states. Yet there are vast areas of international relations in whieh states are regarded as being legally free, except as specially provided in treaties, to make distinctions between other states or their nationals. The principle of equality of states merely means that the many rules constituting what is often called "general (or universal) international law" apply equally to all independent states. Hence, by definition, such states have equal rights and duties under general international law. But the latter leaves vast areas of transnational activity to be regulated by states at their discretion either unilaterally or by special agreement with other states. No state has, in fact, exactly the same totality of rights and duties as other states, since no two states are parties to exactly the same treaties. By treaty, astate often grants to another state a right which it may withhold from third states.
Author: Warwick Alexander McKean Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 352
Book Description
History of discrimination and equal opportunity under international law - discusses replacement of minority group protection by human rights; covers racial discrimination, sex discrimination, language discrimination and religious discrimination; examines role of UN and specialized agencies, role of ILO and ILO Conventions, judicial decisions, etc.