Book Title: Netherlands Yearbook of International Law 2020

Publisher: T.M.C. Asser Press, The Hague

Abstract: This chapter will examine the implementation of differential treatment in the rights and responsibilities of developing states vis-à-vis developed states in activities in the Area to determine whether this differential treatment has resulted in an equitable outcome that contributes to substantive equality between states i.e., the overarching goal of differential treatment. It will analyze the ostensibly favourable differential treatment afforded to developing states in participation in activities in the Area and compare it to the emerging trend of reducing opportunities for differentiation in the obligations of developing sponsoring states in the governance of activities of the Area, It will argue that while the minimal scope for differentiation in obligations in activities in the Area is correct from an overarching policy perspective and prima facie, does not worsen inequality between developing and developed states, the limited circumstances in which differentiation between the obligations of developing and developed states could be recognized needs further examination and rationalisation.