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.
Table of Contents
Contents: International environmental law, sustainable development and differential treatment: an introduction; A conceptual framework for differential treatment; Differential treatment in international law; Differential treatment at the implementation level: technology transfer and implementation aid; Differential treatment in practice: the case of plant variety protection; The future of differential treatment; Bibliography; Index.
Philippe Cullet is also Research Associate at the World Trade Institute at the University of Berne.
'The field of international environmental law and policy is an extraordinary laboratory for detecting, demonstrating and even inspiring the evolving nature of the international system. Dr Philippe Cullet brings to light one of its fundamental features, namely the concept of differential treatment, which aims at alleviating economic discrepancies between developing and industrialized nations and at adjusting their sovereign obligations accordingly. His book represents an indispensable reading for practitioners, lawyers and other researchers who want to explore the application of this novel concept in international environmental law.' Professor Laurence Boisson de Chazournes, University of Geneva, Switzerland ’The principle of common but differentiated responsibility is well-known in international environmental law, but until now its legal and policy implications have not been well developed. This book offers a major advance in scholarship by providing a thorough background to the development of the principle and its application in treaty law and state practice. It will be a valuable resource for international lawyers and practitioners.’ Professor Dinah Shelton, Notre Dame Law School, USA '...This is a timely and well and carefully written book. It will assist current discussions on special and differential treatment in particular relating the concept to substantive equality, as applied in environmental law and partly trade regulation...Looking forward to seeing the book published!' Professor Thomas Cottier, University of Berne, Switzerland ’[The] notion of differentiation has become a dominant idea in many recent multilateral environmental agreements and this work is a masterly examination of the issue.’ Environmental Liability