Commenting generally, Birnie and Boyle explain that the principle involves an equitable balancing between developed and developing States in at least two senses:by setting lower standards for developing States and by making the performance of those standards dependent on the provision of assistance by developed States.
Though,inrelationtothelatteraspect,theyalsopointoutthattheprovisionoffinancial resources and the undertaking to provide or facilitate access to technology is usually dependent on mutual agreement of terms and conditions,leaving open to question the extent to which real rights or obligations are created.However, a common feature of the Biodiversity and Climate Change Conventions and of the Montreal Protocol is that the obligations of developing States to comply with the provisions therein ‘will depend on’the effective implementation of their provisions on financial assistance and transfer of technology by developed States.