Differentiation

Cullet, Philippe

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.

Citation

Cullet, P. (2021). Differentiation. In L. Rajamani, & J. Peel (Eds.), Oxford Handbook of International Environmental Law, 2nd editon (319-334). Oxford University Press

• Acceptance Date: Jan 20, 2021
• Publication Date: Sep 12, 2021
• Deposit Date: Apr 1, 2021
• Publicly Available Date: Aug 11, 2021
• Publisher: Oxford University Press
• Pages: 319-334
• Book Title: Oxford Handbook of International Environmental Law, 2nd editon
• ISBN: 9780198849155
• Publisher URL: https://opil.ouplaw.com/view/10.1093/law/9780198849155.001.0001/law-9780198849155-chapter-19