Thesis Abstract

Abstract
Equality among unequals in international environmental law is a complex and challenging issue that has garnered increasing attention in legal scholarship and policy discussions. The concept of equality in the context of environmental law raises crucial questions about how to balance the interests and responsibilities of different states in addressing global environmental challenges. This research aims to explore the tensions and possibilities of achieving equality among unequals in the framework of international environmental law. One of the fundamental challenges in addressing equality among unequals lies in the asymmetries of power, resources, and capabilities among states. Developed countries often possess greater economic resources and technological capacities to address environmental issues compared to developing countries. This power disparity can hinder the effective implementation of international environmental agreements and can perpetuate inequalities in environmental governance. Moreover, the historical context of environmental degradation and the legacy of colonialism further complicate the quest for equality in international environmental law. Many developing countries continue to grapple with the environmental and social consequences of past exploitation by colonial powers, which impacts their ability to participate equally in global environmental decision-making processes. In this research, various approaches to addressing equality among unequals in international environmental law will be examined. This includes exploring the principle of common but differentiated responsibilities, which recognizes the varying levels of development and historical responsibilities of states in environmental protection. Additionally, the concept of environmental justice will be analyzed in the context of international law, focusing on how equity and fairness can be promoted in global environmental governance. Furthermore, the role of international institutions and mechanisms in promoting equality in environmental law will be critically evaluated. This includes assessing the effectiveness of existing frameworks such as the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity in addressing inequalities among states. Overall, this research seeks to contribute to the ongoing discourse on equality among unequals in international environmental law by offering a nuanced analysis of the challenges and opportunities in promoting a more equitable and sustainable global environmental governance system. By examining the complex dynamics of power, history, and justice in environmental decision-making, this research aims to provide insights that can inform policy development and legal scholarship in the field of international environmental law.

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