Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0050
Bruch Carl, Payne Cymie R, Sjöstedt Britta
This chapter looks at how the concern for the environment in relation to armed conflict can be addressed from several bodies of international law. These diverse bodies of law emerged largely isolated from one another: international humanitarian law, international environmental law, international criminal law, international human rights law, the United Nations (UN) Charter, and so on. Hence, a fragmented and unclear legal framework protects the environment in times of armed conflict. The chapter focuses on the interlinkages between international environmental law and other bodies of international law to protect the environment in relation to armed conflict. The thesis is that international environmental law norms are increasingly shaping protection of the environment in relation to armed conflict, in contrast to the relative rigidity of international humanitarian law norms, which is traditionally the starting point for analysing wartime environmental protection. The chapter begins with a brief consideration of international law applicable during all temporal phases of armed conflict: before conflict (including conflict prevention); during conflict; and after conflict. It then explores the issues and relevant law particular to specific phases.
{"title":"Part VII Inter-linkages with Other Regimes, Ch.50 Armed Conflict and the Environment","authors":"Bruch Carl, Payne Cymie R, Sjöstedt Britta","doi":"10.1093/law/9780198849155.003.0050","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0050","url":null,"abstract":"This chapter looks at how the concern for the environment in relation to armed conflict can be addressed from several bodies of international law. These diverse bodies of law emerged largely isolated from one another: international humanitarian law, international environmental law, international criminal law, international human rights law, the United Nations (UN) Charter, and so on. Hence, a fragmented and unclear legal framework protects the environment in times of armed conflict. The chapter focuses on the interlinkages between international environmental law and other bodies of international law to protect the environment in relation to armed conflict. The thesis is that international environmental law norms are increasingly shaping protection of the environment in relation to armed conflict, in contrast to the relative rigidity of international humanitarian law norms, which is traditionally the starting point for analysing wartime environmental protection. The chapter begins with a brief consideration of international law applicable during all temporal phases of armed conflict: before conflict (including conflict prevention); during conflict; and after conflict. It then explores the issues and relevant law particular to specific phases.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115989809","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0026
Scott Joanne
This chapter discusses the concept of private and quasi-private standards in the environmental domain. While many of these standards involve the labelling of compliant products, others do not. The chapter begins by defining the concept of private and quasi-private standards, examining their rise and the reasons for this. A standard is considered to be private when the document in question is adopted by one or more non-governmental entities, including for example firms, non-governmental organizations (NGOs), and trade unions. Private standards may be firm- or sector-specific, or they may focus on a particular commodity such as sugar, palm oil, or soy. Meanwhile, the concept of a quasi-private standard is less clear and needs to be carefully defined. The chapter then looks at how these standards interact with international law in a variety of important ways. It also assesses the effectiveness and legitimacy of private and quasi-private standards.
{"title":"Part IV Normative Development, Ch.26 Private and Quasi-Private Standards","authors":"Scott Joanne","doi":"10.1093/law/9780198849155.003.0026","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0026","url":null,"abstract":"This chapter discusses the concept of private and quasi-private standards in the environmental domain. While many of these standards involve the labelling of compliant products, others do not. The chapter begins by defining the concept of private and quasi-private standards, examining their rise and the reasons for this. A standard is considered to be private when the document in question is adopted by one or more non-governmental entities, including for example firms, non-governmental organizations (NGOs), and trade unions. Private standards may be firm- or sector-specific, or they may focus on a particular commodity such as sugar, palm oil, or soy. Meanwhile, the concept of a quasi-private standard is less clear and needs to be carefully defined. The chapter then looks at how these standards interact with international law in a variety of important ways. It also assesses the effectiveness and legitimacy of private and quasi-private standards.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126343688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0058
Voigt Christina
This chapter analyses the relationship between international environmental law and state responsibility, considering primary obligations, environmental harm, and the standard of care/due diligence. Accountability for internationally illegal acts, such as breach of a treaty or the violation of customary law rules, is relatively well developed in general international law under the concept of state responsibility, though not in a codified, treaty-based manner and some uncertainties exist. In general, ‘state responsibility’ refers to the accountability of a state for a violation of international law and is premised upon an internationally wrongful act which can be attributed to a state. The consequences of international responsibility for a wrongful act are the obligation of the wrongdoer to cease that act, to offer assurances of non-repetition, and to make full reparation of the injury caused by the internationally wrongful act, including compensation for environmental damage. On the other hand, rules for strict liability for environmental harm resulting from lawful activities are not so well established, and remain singular and exceptional.
{"title":"Part VIII Compliance, Implementation, and Effectiveness, Ch.58 International Environmental Responsibility and Liability","authors":"Voigt Christina","doi":"10.1093/law/9780198849155.003.0058","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0058","url":null,"abstract":"This chapter analyses the relationship between international environmental law and state responsibility, considering primary obligations, environmental harm, and the standard of care/due diligence. Accountability for internationally illegal acts, such as breach of a treaty or the violation of customary law rules, is relatively well developed in general international law under the concept of state responsibility, though not in a codified, treaty-based manner and some uncertainties exist. In general, ‘state responsibility’ refers to the accountability of a state for a violation of international law and is premised upon an internationally wrongful act which can be attributed to a state. The consequences of international responsibility for a wrongful act are the obligation of the wrongdoer to cease that act, to offer assurances of non-repetition, and to make full reparation of the injury caused by the internationally wrongful act, including compensation for environmental damage. On the other hand, rules for strict liability for environmental harm resulting from lawful activities are not so well established, and remain singular and exceptional.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126205209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0022
Shibata Akiho
This chapter studies the principle of good faith, which has been declared by the International Court of Justice (ICJ) as ‘a well-established principle of international law’. Through judicial pronouncements and state practice, it has come to acquire concrete legal content. The principle of good faith is closely linked to the concept of legal security; it provides certainty and foreseeability in society, and as such is fundamental and necessary to any legal system. The chapter examines the role that the principle of good faith could play, first, in general international law relating to the environment, focusing on three broad areas of environmental treaty performance, environmental cooperation, and due diligence. It then considers the more concrete role that the principle of good faith could play within multilateral environmental agreements (MEAs) as special legal regimes. Finally, the chapter analyses two concrete contexts within which the principle of good faith could be engaged to perform specific normative functions in the operation of MEAs, namely in non-compliance and ‘pledge and review’ mechanisms.
{"title":"Part III Conceptual Pillars, Ch.22 Good Faith","authors":"Shibata Akiho","doi":"10.1093/law/9780198849155.003.0022","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0022","url":null,"abstract":"This chapter studies the principle of good faith, which has been declared by the International Court of Justice (ICJ) as ‘a well-established principle of international law’. Through judicial pronouncements and state practice, it has come to acquire concrete legal content. The principle of good faith is closely linked to the concept of legal security; it provides certainty and foreseeability in society, and as such is fundamental and necessary to any legal system. The chapter examines the role that the principle of good faith could play, first, in general international law relating to the environment, focusing on three broad areas of environmental treaty performance, environmental cooperation, and due diligence. It then considers the more concrete role that the principle of good faith could play within multilateral environmental agreements (MEAs) as special legal regimes. Finally, the chapter analyses two concrete contexts within which the principle of good faith could be engaged to perform specific normative functions in the operation of MEAs, namely in non-compliance and ‘pledge and review’ mechanisms.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130442685","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0032
Wiersema Annecoos
This chapter details the themes and principles that shape international wildlife law. International wildlife law shares attributes with other fields of international environmental law, but also has certain particular attributes. In particular, the degree to which treaties affecting wildlife conservation impose strict or flexible obligations on their member states is often a product of a variety of factors, for example: how specific the scope of the treaty is, whether the treaty primarily focuses on individual species or on ecosystem and habitat protection, and whether the treaty targets primarily domestic or primarily international activities or species. The chapter then discusses certain international regimes that focus on particular species, before considering examples of ecosystem-based regimes and regimes with a more regional focus. It also looks at the most significant issues facing global wildlife conservation.
{"title":"Part V Subject Matter, Ch.32 Wildlife","authors":"Wiersema Annecoos","doi":"10.1093/law/9780198849155.003.0032","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0032","url":null,"abstract":"This chapter details the themes and principles that shape international wildlife law. International wildlife law shares attributes with other fields of international environmental law, but also has certain particular attributes. In particular, the degree to which treaties affecting wildlife conservation impose strict or flexible obligations on their member states is often a product of a variety of factors, for example: how specific the scope of the treaty is, whether the treaty primarily focuses on individual species or on ecosystem and habitat protection, and whether the treaty targets primarily domestic or primarily international activities or species. The chapter then discusses certain international regimes that focus on particular species, before considering examples of ecosystem-based regimes and regimes with a more regional focus. It also looks at the most significant issues facing global wildlife conservation.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134017922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0012
Maguire Rowena
This chapter provides a brief overview of ecofeminist theory. It charts its rise due to the perception of women having a closer relationship with nature, the retreat of ecofeminism when essentialist notions of women's connections to nature were challenged, followed by the subsequent re-framing of ecofeminism, in light of material and power relationships. More recently, scholars have defended ecofeminism, arguing that it provides a lens to examine the exploitation of nature and women, through analyses of power, social constructs, and inter-species relationships. The chapter then examines the contribution of women in shaping international environmental law (IEL) in pre- and post-UNCED (United Nations Conference on Environment and Development) periods. It also explores recent efforts to embed gender within IEL processes, through the adoption of Gender Action Plans in the 1994 UNCCD (UN Convention to Combat Desertification), the 1992 UNCBD (Convention on Biological Diversity), and UNFCCC (UN Framework Convention on Climate Change). While IEL is generally gender-blind, it is transitioning through a period of gender mainstreaming and the future of IEL is likely to be increasingly gender-literate.
{"title":"Part II Analytical Approaches, Ch.12 Feminist Approaches","authors":"Maguire Rowena","doi":"10.1093/law/9780198849155.003.0012","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0012","url":null,"abstract":"This chapter provides a brief overview of ecofeminist theory. It charts its rise due to the perception of women having a closer relationship with nature, the retreat of ecofeminism when essentialist notions of women's connections to nature were challenged, followed by the subsequent re-framing of ecofeminism, in light of material and power relationships. More recently, scholars have defended ecofeminism, arguing that it provides a lens to examine the exploitation of nature and women, through analyses of power, social constructs, and inter-species relationships. The chapter then examines the contribution of women in shaping international environmental law (IEL) in pre- and post-UNCED (United Nations Conference on Environment and Development) periods. It also explores recent efforts to embed gender within IEL processes, through the adoption of Gender Action Plans in the 1994 UNCCD (UN Convention to Combat Desertification), the 1992 UNCBD (Convention on Biological Diversity), and UNFCCC (UN Framework Convention on Climate Change). While IEL is generally gender-blind, it is transitioning through a period of gender mainstreaming and the future of IEL is likely to be increasingly gender-literate.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134433108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0057
Andresen Steinar
This chapter introduces some key concepts: what international regimes are; how to measure their effectiveness (the dependent variable); how this can be explained (independent variable); and the severe methodological challenges associated with answering these questions. Two main explanatory perspectives are introduced: the nature of the problem dealt with by the regime and its problem-solving ability. The chapter then surveys some key general findings that have emerged from the study of the effectiveness of international environmental regimes. Perhaps the most important finding is that although most international regimes that have been studied have had some effect on the problems they address, they have very rarely been able—if at all—to solve them fully. Another important observation is the sizeable variation among regimes in their problem-solving ability. The chapter presents empirical examples to illustrate how effectiveness can be measured and explained in practice. Most attention is given to the global climate regime, given its prominence on the international agenda. Viewed from a problem-solving perspective, however, the climate regime emerges as a low-effectiveness regime. This is briefly contrasted with the highly successful international ozone regime, as well as a regime that is very hard to measure in terms of effectiveness due to the deep and divisive conflicts over values, namely, the international whaling regime.
{"title":"Part VIII Compliance, Implementation, and Effectiveness, Ch.57 Effectiveness","authors":"Andresen Steinar","doi":"10.1093/law/9780198849155.003.0057","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0057","url":null,"abstract":"This chapter introduces some key concepts: what international regimes are; how to measure their effectiveness (the dependent variable); how this can be explained (independent variable); and the severe methodological challenges associated with answering these questions. Two main explanatory perspectives are introduced: the nature of the problem dealt with by the regime and its problem-solving ability. The chapter then surveys some key general findings that have emerged from the study of the effectiveness of international environmental regimes. Perhaps the most important finding is that although most international regimes that have been studied have had some effect on the problems they address, they have very rarely been able—if at all—to solve them fully. Another important observation is the sizeable variation among regimes in their problem-solving ability. The chapter presents empirical examples to illustrate how effectiveness can be measured and explained in practice. Most attention is given to the global climate regime, given its prominence on the international agenda. Viewed from a problem-solving perspective, however, the climate regime emerges as a low-effectiveness regime. This is briefly contrasted with the highly successful international ozone regime, as well as a regime that is very hard to measure in terms of effectiveness due to the deep and divisive conflicts over values, namely, the international whaling regime.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"211 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122799688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0041
Richardson Benjamin J, Sjåfjell Beate
This chapter studies how, in the study of international environmental law, business corporations are typically viewed as actors under the auspices of various regulatory regimes developed by nation-states, or recognized as having some tacit influence over the agenda setting and implementation of such regimes. This perspective might also acknowledge the limited accountability of corporations under international law. Another perspective is the business sector's initiative in shaping its own environmental agenda, often in the name of ‘corporate social responsibility’ (CSR). The chapter then surveys the role of corporate law and corporate governance in shaping environmental performance, and introduces the goals, mechanisms, and actors of the global CSR movement. It examines the governance of business in international environmental law, including corporate liability for wrongdoing. The chapter also looks at examples of new forms of multi-stakeholder environmental collaboration involving the business sector.
{"title":"Part VI Actors, Ch.41 Business and Industry","authors":"Richardson Benjamin J, Sjåfjell Beate","doi":"10.1093/law/9780198849155.003.0041","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0041","url":null,"abstract":"This chapter studies how, in the study of international environmental law, business corporations are typically viewed as actors under the auspices of various regulatory regimes developed by nation-states, or recognized as having some tacit influence over the agenda setting and implementation of such regimes. This perspective might also acknowledge the limited accountability of corporations under international law. Another perspective is the business sector's initiative in shaping its own environmental agenda, often in the name of ‘corporate social responsibility’ (CSR). The chapter then surveys the role of corporate law and corporate governance in shaping environmental performance, and introduces the goals, mechanisms, and actors of the global CSR movement. It examines the governance of business in international environmental law, including corporate liability for wrongdoing. The chapter also looks at examples of new forms of multi-stakeholder environmental collaboration involving the business sector.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130472570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0059
Palmer Alice
This chapter discusses national implementation, which is a fundamental feature of international environmental law. It focuses on implementation through law at the national or ‘domestic’ level, with some consideration given to international facilitation of domestic implementation. The global nature of harmful environmental impacts requires an ‘all for one, one for all’ approach and domestic management of the environment in all states is essential to give effect to international protections. International environmental laws are recognized in national legal systems in accordance with the rules of each state and the resulting variables are many. Moreover, the extensive reach of international environmental law into the domestic sphere limits state autonomy and local norms, further complicating national implementation.
{"title":"Part VIII Compliance, Implementation, and Effectiveness, Ch.59 National Implementation","authors":"Palmer Alice","doi":"10.1093/law/9780198849155.003.0059","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0059","url":null,"abstract":"This chapter discusses national implementation, which is a fundamental feature of international environmental law. It focuses on implementation through law at the national or ‘domestic’ level, with some consideration given to international facilitation of domestic implementation. The global nature of harmful environmental impacts requires an ‘all for one, one for all’ approach and domestic management of the environment in all states is essential to give effect to international protections. International environmental laws are recognized in national legal systems in accordance with the rules of each state and the resulting variables are many. Moreover, the extensive reach of international environmental law into the domestic sphere limits state autonomy and local norms, further complicating national implementation.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131650661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-11DOI: 10.1093/law/9780198849155.003.0019
Cullet Philippe
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.
{"title":"Part III Conceptual Pillars, Ch.19 Differentiation","authors":"Cullet Philippe","doi":"10.1093/law/9780198849155.003.0019","DOIUrl":"https://doi.org/10.1093/law/9780198849155.003.0019","url":null,"abstract":"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.","PeriodicalId":184658,"journal":{"name":"The Oxford Handbook of International Environmental Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130321525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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