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The Application of the Equity Principle in International Environmental Law: Developing Country Commitments under the Kyoto Protocol
Vol. 49, No. 1 (June 2004)
PDF document - Author - Jae-Hyup Lee View - 2878
This study reviews the concept of equity in the context of climate change, especially on the issue of developing country commitments in greenhouse gas reduction. Several observation can be made out of the research. First, there is no single criteria for equity that can be applied in any situation. Few consensus about the existence of the concept of equity has been made. The concept can be changed according to state interest and

case-by-case basis. Second, the concept of equity may negatively affect the predictability in ICJ decisions. Third, the concept of equity can be interpreted when we consider state practices, because the court will most likely look at state practices when it applies the equity concept. Fourth, because there are a number of different criteria on the concept of equity, it is very difficult to prioritize them. The realization of equity concept must be made through negotiation among states. Fifth, it is very difficult to match the equity concept and the emission reduction schemes. Different schemes may incorporate various equity approaches or one scheme may reflect different approaches. Sixth, responsibility principle, ability principle, equality principle are the most important principles in emission reduction schemes. No approach can be accepted without incorporating any of these principles. Especially the one without equality principle can never be accepted politically. Finally, in order to promote equity in emission reduction, Kyoto mechanisms and the flexible application of compliance procedure can be utilized.
 
 
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