Some Instances of Fairness in Establishing Environmental Normative Systems

Thomas M. Franck

in Fairness in International Law and Institutions

Published in print January 1998 | ISBN: 9780198267850
Published online March 2012 | e-ISBN: 9780191683398 | DOI:
Some Instances of Fairness in Establishing Environmental Normative Systems

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Having examined the parameters of fairness discourse in addressing the problematic of environmental management, it is now possible to see how these play out in practice. This chapter examines efforts to introduce notions of distributive justice into the creation and implementation of regimes for the protection of the ozone layer, management of climate change, the law of the sea, outer space, Antarctica, biodiversity, and the preservation of species and forests. In the 1990s, efforts to link environmental management and preservation with development assistance proved significantly more successful — in any event they received a far more respectful and sensitive hearing — than comparable efforts in the 1970s to link trade and development assistance in the debate over the New International Economic Order. At that time, fairness-related claims were seen as definitely and properly on the table.

Keywords: fairness; environmental management; distributive justice; ozone layer; climate change; law of the sea; outer space; biodiversity; Antarctica; forests

Chapter.  15890 words. 

Subjects: Public International Law

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