Conditionality and the environment
Book chapter
Olmos Giupponi, B. 2026. Conditionality and the environment. in: Elgar Concise Encyclopedia of Principles of Environmental Law Edward Elgar Publishing.
| Chapter title | Conditionality and the environment |
|---|---|
| Authors | Olmos Giupponi, B. |
| Abstract | Conditionality is best understood as a regulatory technique rather than a substantive environmental principle: it makes access to, or continuation of, a benefit — financial, commercial, political or institutional — contingent on compliance with defined environmental standards. This entry traces its origins in development finance and EU accession policy, and maps its contemporary manifestations across financial (IFI safeguards, debt-for-nature swaps), trade and investment (“green conditionality”, GSP+, CBAM), and accession contexts. The ICJ’s Pulp Mills judgment (Argentina v Uruguay) is examined as an illustration of conditionality-type reasoning embedded in general international law’s treatment of shared resources, and of the gap between procedural compliance and substantive outcomes. The entry then situates conditionality alongside non-regression and progression as the enforcement mechanism of an emerging “ratchet” logic, before assessing its effectiveness, legitimacy and coherence with differentiated responsibility. |
| Keywords | Conditionality; Non-regression; Green conditionality; Environmental impact assessment; Sustainable development chapters; Pulp Mills case |
| Sustainable Development Goals | 13 Climate action |
| Middlesex University Theme | Sustainability |
| Book title | Elgar Concise Encyclopedia of Principles of Environmental Law |
| Publisher | Edward Elgar Publishing |
| Publication process dates | |
| Accepted | 22 Sep 2026 |
| Deposited | 13 Oct 2026 |
| Output status | Accepted |
| Accepted author manuscript | File Access Level Open |
https://repository.mdx.ac.uk/item/36v46q
Restricted files
Accepted author manuscript
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