From equality towards equity and differentiated responsibilities: A contemporary international environmental law perspective

Abstract

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.