Article

Equity

Shelton Dinah

in The Oxford Handbook of International Environmental Law

Published in print August 2008 | ISBN: 9780199552153
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199552153.013.0027

Series: Oxford Handbooks in Law

 Equity

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If perceptions of fairness or equity affect the level of participation and positive action among heterogeneous states, then they are likely to factor in the long-term success of an environmental regime or agreement. This article assesses the potential impact of equity on international environmental law. First, it examines the various meanings attributed to the term ‘equity’ in international law in general, and in international environmental law in particular; the roles equity has played in multilateral environmental agreements; and how different equitable principles are, or may be, implemented in practice. The article then discusses intra-generational equity and inter-generational equity, sovereign equality and equity, distributive justice in international law, principles for determining equitable allocation, and different ways of implementing principles of equity (substantive rules of equity, procedural rules).

Keywords: fairness; equity; international environmental law; international law; multilateral environmental agreements; intra-generational equity; inter-generational equity; sovereign equality; distributive justice; equitable allocation

Article.  10758 words. 

Subjects: Law ; International Law ; Environment and Energy Law

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