Lavanya Rajamani
- Published in print:
- 2006
- Published Online:
- March 2012
- ISBN:
- 9780199280704
- eISBN:
- 9780191700132
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280704.003.0002
- Subject:
- Law, Environmental and Energy Law, Public International Law
To further the study of differential treatments within international environmental agreements, this chapter looks into the several different aspects of differential treatment in international law. ...
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To further the study of differential treatments within international environmental agreements, this chapter looks into the several different aspects of differential treatment in international law. Also, since differential treatment may manifest itself either implicitly or explicitly and through different degrees, this chapter also examines the different needs for such differential treatment. This chapter presents an illustrative survey that shows how differential treatment is evident in different parts of international law, how differential treatment would probably bring about better effects across different countries in different international regimes, and how various controversies are encountered in attempts to establish and push through with such differential treatment. In this chapter, differential treatment in industrial countries is distinguished from that in developing countries so that the factors and characteristics of the two setups — in terms of various laws like economic law, international development law, human rights law, disarmament law and international arms control — may be emphasized.Less
To further the study of differential treatments within international environmental agreements, this chapter looks into the several different aspects of differential treatment in international law. Also, since differential treatment may manifest itself either implicitly or explicitly and through different degrees, this chapter also examines the different needs for such differential treatment. This chapter presents an illustrative survey that shows how differential treatment is evident in different parts of international law, how differential treatment would probably bring about better effects across different countries in different international regimes, and how various controversies are encountered in attempts to establish and push through with such differential treatment. In this chapter, differential treatment in industrial countries is distinguished from that in developing countries so that the factors and characteristics of the two setups — in terms of various laws like economic law, international development law, human rights law, disarmament law and international arms control — may be emphasized.
Peter Wallensteen
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190215545
- eISBN:
- 9780190270940
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190215545.003.0004
- Subject:
- Political Science, International Relations and Politics
Wars of separatism are treated as a different category, labelled as state formation conflicts, and by analyzing them separately from civil wars, with respect both to negotiated settlements and ...
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Wars of separatism are treated as a different category, labelled as state formation conflicts, and by analyzing them separately from civil wars, with respect both to negotiated settlements and victories, new observations can be made. These wars over territory can be far more protracted, especially when one country is an autocracy with little transparency in its operations. The solutions build on solving the territorial issue first and foremost, but the democracy aspect adds to the quality of the settlement and also helps each side to correctly assess the other. In terms of outcome, it matters whether the conflict leads to a new state or if the state remains intact, with increased autonomy for separatist regions. Examples are Kurdish experiences, Eritrea’s independence and the case of Bougainville, Papua New Guinea. Thus state separation and autonomy solutions are contrasted in relation to quality peace.Less
Wars of separatism are treated as a different category, labelled as state formation conflicts, and by analyzing them separately from civil wars, with respect both to negotiated settlements and victories, new observations can be made. These wars over territory can be far more protracted, especially when one country is an autocracy with little transparency in its operations. The solutions build on solving the territorial issue first and foremost, but the democracy aspect adds to the quality of the settlement and also helps each side to correctly assess the other. In terms of outcome, it matters whether the conflict leads to a new state or if the state remains intact, with increased autonomy for separatist regions. Examples are Kurdish experiences, Eritrea’s independence and the case of Bougainville, Papua New Guinea. Thus state separation and autonomy solutions are contrasted in relation to quality peace.
