Differential Treatment In International Environmental Law

Hardcover | January 23, 2006

byLavanya Rajamani

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The history of international environmental dialogue is a history of conflict between developing and industrial countries encompassing the framework, nature, and agenda of international environmental law. The conflict is focused on who should take responsibility, in what measure, and underwhat conditions to contain global environmental degradation. In the face of inequality in resources and contributions to global environmental degradation, sovereign states have crafted a burden sharing arrangement rooted in differential treatment. Differential treatment refers to the use of normsthat provide for different, more advantageous, treatment to some states. Real differences exist between states, and the norms of differential treatment recognize and respond to these differences by instituting different standards for different states or groups of states. This book 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. It ferrets out thephilosophical and practical bases for differential treatment in environmental treaties, and creates a framework within which differential treatment can be assessed. It suggests certain boundaries to differential treatment in international environmental law, and explores in detail the reach ofdifferential treatment in the climate regime.The conflict between industrial and developing countries has thus far significantly impaired the ambition of the international environmental agenda. The relevance of this book lies in its ability to provide a principled framework within which the conflict between industrial and developing countriesin the international environmental realm can be examined and resolved.

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The history of international environmental dialogue is a history of conflict between developing and industrial countries encompassing the framework, nature, and agenda of international environmental law. The conflict is focused on who should take responsibility, in what measure, and underwhat conditions to contain global environmental...

Lavanya Rajamani, B.C.L and D.Phil. (Oxon, Rhodes Scholar), LL.M (Yale), is a Lecturer in Environmental Law, and Fellow and Director of Studies in Law at Queens' College, Cambridge. She teaches International and European Environmental Law, and conducts research in international environmental law, in particular in the areas of internat...

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Format:HardcoverDimensions:304 pages, 9.21 × 6.14 × 0.88 inPublished:January 23, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199280703

ISBN - 13:9780199280704

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Table of Contents

1. Introduction2. Differential Treatment in International Law3. Dissonance in International Environmental Dialogue4. From Dissonance in Dialogue to Differentiation in Law5. The Doctrinal Basis for and Boundaries of Differential Treatment in International Environmental Law6. Differential Treatment at Play: the Climate Regime7. Developing Country Participation in the Climate Regime - Applying Common But Differentiated Responsibility8. Conclusion