FROM EQUALITY TOWARDS EQUITY AND DIFFERENTIATED RESPONSIBILITIES: A CONTEMPORARY INTERNATIONAL ENVIRONMENTAL LAW PERSPECTIVE

Bojana Čučković

Sažetak


The paper analyzes the relationship between the principles of equality, equity and differentiated responsibilities in the specific context of international environmental law. By tracing these three principles throughout the texts of relevant international environmental instruments and agreements, the author provides for distinction between various levels of differentiation through which equity is achieved. It is argued that, due to the novel solutions contained in the Paris Climate Agreement, a change has occurred in contemporary international environmental law regarding the relationship between the principles of equality, equity and differentiated responsibilities. Instead of fostering equality through equity and differentiated responsibilities, these changes have widened the gap between these principles. Differentiation has slowly detached from both equality and equity and has started to fulfill objectives other than fairness, such as achieving wider participation, effectiveness and better implementation of multilateral environmental agreements.


Pojmovne odrednice


Equality; Equity; Principle of common but differentiated responsibilities; Environment; Climate change

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Reference


Aristotle. 2004. Nicomachean Ethics. Cambridge Texts in the History of Philosophy, ed. Roger Crisp. Cambridge: Cambridge University Press.

Beyerlin, Ulrich. 2006. Bridging the North-South Divide in International Environmental Law, Journal of Foreign Public Law and International Law 66: 259–296.

Caney, Simon. 2005. Cosmopolitan Justice, Responsibility, and Global Climate Change. Leiden Journal of International Law 18: 747–775.

Cullet, Philippe. 1999a. Equity and Flexibility Mechanisms in the Climate Change Regime – Conceptual and Practical Issues, Review of European, Comparative and International Environmental Law 8: 168–179.

Cullet, Philippe. 1999b. Differential Treatment in International Law: Towards a New Paradigm in Inter-State Relations. European Journal of International Law 10: 549–582.

Cullet, Philippe. 2016. Differential Treatment in Environmental Law: Addressing Critiques and Conceptualizing the Next Steps. Transnational Environmental Law 5: 305–328.

Handl, Günther. 1990. Environmental Security and Global Change: The Challenge to International Law. Yearbook of International Environmental Law 1: 3–33.

Honkonen, Tuula. 2009. The Principle of Common But Differentiated Responsibility in Post-2012 Climate Negotiations. Review of European, Comparative and International Environmental Law 18: 257–267.

Kelsen, Hans. 1944. The Principle of Sovereign Equality of States as a Basis for International Organization. The Yale Law Journal 53: 207–220.

Maljean-Dubois, Sandrine. 2016. The Paris Agreement: A New Step in the Gradual Evolution of Differential Treatment in the Climate Regime? Review of European, Comparative International Environmental Law 25: 151–160.

Pauw, Pieter, Steffen Bauer, Carmen Richerzhagen, Clara Brandi, Hanna Schmole. 2014. Different Perspectives on Differentiated Responsibilities – A State-of-the-Art Review of the Notion of Common but Differentiated Responsibilities in International Negotiations. Discussion Paper 6/14. Bonn: German Development Institute.

Rajamani, Lavanya. 2006. Differential Treatment in International Environmental Law. Oxford: Oxford University Press.

Rajamani, Lavanya. 2016. Ambition and Differentiation in the 2015 Paris Agreement: Interpretative Possibilities and Underlying Politics. International and Comparative Law Quarterly 65: 493–514.

Ringius, Lasse, Asbjørn Torvanger, Arild Underdal. 2002. Burden Sharing and Fairness Principles in International Climate Policy. International Environmental Agreements: Politics, Law and Economics 2: 1–22.

Shelton, Dinah. 2010. Equitable Utilization of the Atmosphere: A Rights-Based Approach to Climate Change. 91–125 in Human Rights and Climate Change, ed. Stephen Humphreys. Cambridge: Cambridge University Press.

Stone, Christopher. 2004. Common But Differentiated Responsibilities in International Law. American Journal of International Law 98: 276–301.

United Nations Environment Programme. The Secretariat for the Vienna Convention for the Protection of the Ozone Layer and for the Montreal Protocol on Substances that Deplete the Ozone Layer. 2018. Handbook for the Montreal Protocol on Substances that Deplete the Ozone Layer. Nairobi, Kenya: Ozone Secretariat.

United Nations Environment Programme. 2019. Success Achieved to Date and the Road Ahead. https://www.unenvironment.org/ozonaction/who-we-are/about-montreal-protocol, last visited June 26, 2019.

Vanderheiden, Steven. 2015. Justice and Climate Finance: Differentiating Responsibility in the Green Climate Fund. The International Spectator 50: 31–45.

Voigt, Christina. 2014. Equity in the 2015 Climate Agreement. Climate Law 4: 50–69.

Voigt, Christina, Felipe Ferreira. 2016. “Dynamic Differentiation”: The Principles of CBDR-RC, Progression and Highest Possible Ambition in the Paris Agreement. Transnational Environmental Law 5: 285–303.


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