Thesis Abstract

Abstract
Equality among unequals in international environmental law is a complex and contentious issue that lies at the heart of global efforts to address environmental challenges. In international environmental law, the concept of equality is often invoked in the context of balancing the interests and responsibilities of states with differing levels of development, resources, and environmental impact. This abstract explores the tensions and challenges associated with achieving equality among unequal states in the context of international environmental law. The principle of common but differentiated responsibilities (CBDR) is a central tenet of international environmental law that seeks to address the disparities among states in terms of historical contributions to environmental degradation and capacity to address current environmental challenges. CBDR recognizes that developed countries have historically been the primary contributors to global environmental problems and therefore bear a greater responsibility for addressing these issues. At the same time, developing countries are recognized as having less capacity and resources to address environmental challenges and are therefore entitled to assistance and support from the international community. However, implementing the principle of CBDR in practice has proven to be challenging due to differing interpretations of states' responsibilities, competing interests, and power dynamics within international environmental negotiations. Developed countries often resist taking on additional commitments or providing financial support to developing countries, citing concerns about economic competitiveness and sovereignty. Developing countries, on the other hand, argue that they should not bear the same burden as developed countries, given their historical contributions to environmental degradation and limited capacity to address environmental challenges. Achieving equality among unequal states in international environmental law requires navigating these complex political, economic, and ethical considerations. It requires finding a balance between the need for collective action to address global environmental challenges and the recognition of states' differing capacities and responsibilities. This abstract examines the challenges and opportunities for promoting equality in international environmental law, including the role of transparency, accountability, and financial mechanisms in supporting developing countries in their efforts to address environmental challenges. Overall, addressing equality among unequals in international environmental law is a critical aspect of fostering global cooperation and achieving sustainable development. By recognizing and addressing the disparities among states, the international community can work towards more equitable and effective environmental governance that benefits all countries and future generations.

Thesis Overview

INTRODUCTION

To deal effectively with global environmental problems, such as climate change, we need global cooperation. Yet all too many developing countries lack the economics, infrastructures, and technical capacity to tackle these problems; therefore, developing countries need to be accorded differential treatment in the international environmental agreements adopted to prevent or mitigate the problems, if these agreements are to succeed.. This study addresses a very current, cutting-edge, and controversial issue of great importance to international environmental law and its success in protecting a livable planet.

 In an attempt to get beyond words to action, this book looks at global environmental problems from the perspective of getting developing countries more involved in solving these problems. How can they best be brought into the realm of international environmental regulation and gotten o nto the pathway to sustainable development? The idea is that the new trend of using incentives to promote developing country participation in international environmental agreements – in effect, giving them differential treatment – must continue and become part of the framework of international environment