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Cullet, Philippe (2021) 'Differentiation.' In: Rajamani, Lavanya and Peel, Jacqueline, (eds.), Oxford Handbook of International Environmental Law, 2nd editon. Oxford: Oxford University Press, pp. 319-334.

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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.

Item Type: Book Chapters
SOAS Departments & Centres: Departments and Subunits > School of Law
School Research Centres > Law, Environment and Development Centre
ISBN: 9780198849155
Copyright Statement: This is the version of the article/chapter accepted for publication in Rajamani, Lavanya and Peel, Jacqueline, (eds.), Oxford Handbook of International Environmental Law. Oxford University Press (2021). Reproduced by permission of Oxford University Press. Re-use is subject to the publisher’s terms and conditions
Date Deposited: 01 Apr 2021 11:47
URI: https://eprints.soas.ac.uk/id/eprint/34933

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