Differentiation

Main author: Cullet, Philippe
Format: Book Chapters           
Online access: Click here to view record


id eprints-34933
recordtype eprints
institution SOAS, University of London
collection SOAS Research Online
language English
language_search English
description This chapter explores differential treatment, which is one of the main instruments that exist in international environmental law to foster equity. It builds on ideas of global distributive justice and helps to rebalance some of the most visible inequalities arising between formally equal states of very different size, power, and natural resource endowments. The principle that reflects differential treatment in international environmental law is that of common but differentiated responsibilities (CBDR). The chapter discusses the conceptual bases for and development of differential treatment. This confirms the significance of the break proposed to the traditional international legal framework and explains the continuing opposition to differential treatment by some countries. The chapter then highlights the different manifestations of differential treatment in international environmental law and shows that differential treatment pervades the whole field. It also looks at some of the critiques of differentiation and the forms of differential treatment that have evolved over the past couple of decades.
author_additional Rajamani, Lavanya
author_additionalStr Rajamani, Lavanya
format Book Chapters
author Cullet, Philippe
author_facet Cullet, Philippe
authorStr Cullet, Philippe
author_letter Cullet, Philippe
title Differentiation
publisher Oxford University Press
publishDate 2021
url https://eprints.soas.ac.uk/34933/