Reality or Aspiration? Solidarity in International Environmental and World Trade Law
H. Hestermeyer, 'Reality or Aspiration? Solidarity in International Environmental and World Trade Law', in: H. Hestermeyer et al (eds), Coexistence, Cooperation and Solidarity: Liber Amicorum Rüdiger Wolfrum, Vol. 1, 45-63 (Martinus Nijhoff: 2012)
22 Pages Posted: 31 Oct 2014
Date Written: February 8, 2012
Abstract
The changing structure of international law has occupied scholars time and again. Recently, several authors have suggested that solidarity is a structural principle of international law. They can claim an impressive heritage, going back to Vitoria and Vattel. This paper analyses to what extent solidarity with developing countries may be called a structural principle of international law, focusing on international environmental and world trade law. It starts by clarifying the various notions different authors have in mind when using the term 'principle'. Ultimately, the paper distinguishes two forms of solidarity, 'self-centered' and 'altruistic' solidarity, observing that the former type of solidarity is more likely to be found in international law whereas the latter one remains mostly an aspiration.
Keywords: solidarity, principle, general principle, structural principle, developing countries, least-developed countries, environmental law, world trade law, common but differentiated responsibilities, global environment facility, enabling clause, special and differential treatment, GSP, altruism
JEL Classification: K10, K32, K33, F13, F35, O19
Suggested Citation: Suggested Citation