Sustainable Development In International Law
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Author | : Alistair Rieu-Clarke |
Publisher | : IWA Publishing |
Total Pages | : 268 |
Release | : 2005-11-01 |
Genre | : Science |
ISBN | : 1843390752 |
Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.
Author | : Nico J. Schrijver |
Publisher | : BRILL |
Total Pages | : 276 |
Release | : 2009-02-28 |
Genre | : Law |
ISBN | : 9047444469 |
In a relatively short time the concept of “sustainable development” has become firmly established in the field of international law. The World Commission on Environment and Development concisely defined sustainable development as follows: “development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs”. This definition takes into account the needs of both the present and future generations as well as the capacity of the earth and its natural resources which by clear implication should not be depleted by a small group of people (in industrialized countries). The aim of this book is threefold : to review the genesis and to clarify the meaning of the concept of sustainable development, as well as to assess its status within public international law. Furthermore, it examines the legal principles that have emerged in the pursuit of sustainable development. Lastly, it assesses to what extent the actual evolution of law demonstrates the balance and integration with all pertinent fields of international law as urged by the Rio, Johannesburg, and World Summit documents. This is the second volume in the Hague Academy of International Law Pocket Book series; it contains the text of the course given at the Hague Academy by Professor Schrijver. Cet ouvrage répond à trois objectifs : examiner la naissance du concept de développement durable, clarifier sa signification et évaluer son statut dans le droit international public. Il examine également les principes juridiques nés de la poursuite du développement durable. Enfin, il examine l’évolution actuelle du droit par rapport aux exigences énoncées à Rio, à Johannesburg et au cours du dernier sommet mondial en ce qui concerne l’intégration du concept de développement durable dans tous les domaines pertinents du droit international.
Author | : Elisabeth Bürgi Bonanomi |
Publisher | : Edward Elgar Publishing |
Total Pages | : 455 |
Release | : 2015-09-25 |
Genre | : Business & Economics |
ISBN | : 1784717274 |
This timely book provides an accessible insight into how the concept of sustainable development can be made operational through its translation into legal terms. Understood as a multidimensional legal principle, sustainable development facilitates coherent international law making. Using this notion as an analytical lens on the WTO Agreement on Agriculture, the book considers the unresolved question of what a sustainable and coherent agricultural trade agreement could look like.
Author | : Alan E. Boyle |
Publisher | : Oxford University Press, USA |
Total Pages | : 414 |
Release | : 2001 |
Genre | : Business & Economics |
ISBN | : 9780199248070 |
International Law and Sustainable Development: Past Achievements and Future Challenges is a collection of essays that cover some of the most important contemporary issues in contemporary law relating to sustainable development, the utilization of natural resources, and the protection of theenvironment. Written by well-known experts on these topics who include judges of the International Court of Justice and the International Tribunal for the Law of the Sea; legal advisers from international organizations such as the World Bank, the International Maritime Organization, and the Food andAgriculture Organization; and practitioners of international law, as well as some of the leading scholars writing on international environmental law and related subjects this book covers many of the major legal developments that have taken place since the United Nations Conference on EnvironmentalDevelopment held in Rio de Janeiro in 1992.The contributors bring new perspectives on sustainable development as a legal principle, the role of the International Law Commission in codifying international environmental law, the protection of the marine environment following the entry into force of the 1982 UN Convention of the Law of the Sea,and the revolution in international fisheries law. The editors have ensured that the book covers a wide range of topics from Antarctica to small whales and the book will be of particular interest to those teaching or practising law of the sea and international environmental law.
Author | : Nico J. Schrijver |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 750 |
Release | : 2004-01-01 |
Genre | : Law |
ISBN | : 9004141731 |
Schrijver (Vrije U., Amsterdam) and Weiss (U. of Amsterdam) have both served on committees of the International Law Association (ILA).
Author | : Antoinette Hildering |
Publisher | : Eburon Uitgeverij B.V. |
Total Pages | : 249 |
Release | : 2004 |
Genre | : Business & Economics |
ISBN | : 9059720555 |
Author | : Markus W. Gehring |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 778 |
Release | : 2005-01-01 |
Genre | : Law |
ISBN | : 9041123660 |
In Johannesburg at the World Summit on Sustainable Development in 2002, over one hundred and eighty states assumed a collective responsibility to advance and strengthen the interdependent and mutually reinforcing pillars of sustainable development economic development, social development, an environmental protection at the local, national, regional and global levels. This remarkable collection of papers, sponsored by the Centre for International Sustainable Development Law (CISDL), demonstrates that sustainable development serves as a unifying concept with the potential to facilitate much-needed respect for international law and timely implementation of diverse and overlapping international commitments. It builds on the substance of a rich and complex debate at the intersections among economic, social, and environmental law, bringing together a broad cross-section of viewpoints and voices. The authors review recent developments in WTO discussions and negotiations, and in the recent decisions of the WTO Appellate Body, from a sustainable development law perspective. They also survey relevant new developments in trade and economic agreements at regional, inter-regional and bi-lateral levels. The various essays focus on sustainable development aspects of key issues in recent trade negotiations such as the Singapore Issues (investment, competition, trade facilitation, and government procurement), intellectual property rights, investment arbitration and the linkage between the WTO and multilateral environmental accords, (MEAand¿s).. Among the specific topics covered are the following: Emerging areas of law and policy in trade and sustainable development, The underlying development agendas in global trade law negotiations, Cooperation and potential negotiation on international competition law, Sustainable development aspects of intellectual property rights negotiations, Overlaps between multilateral environmental accords (MEAand¿s) and the WTO, Recent developments in WTO dispute settlement procedures and proceedings, Human rights and environmental opportunities from trade liberalisation and increased market acces, Human rights and environment impact assessment techniques used to analyse trade agreements, Recent developments in bi-lateral and regional trade agreements. Trade, investment, and competition law practitioners and negotiators in developed and developing countries will find this book of great value, as will development and environment law professionals with responsibility for trade and WTO law related matters. With rich contributions from leading trade law practitioners, academics, and WTO panel and appellate body roster members, Sustainable Developments in World Trade Law offers a constructive, timely and accessible expert analysis of recent discussions and advances in the field, providing an integrated and essential guide to some of the most important issues in international economic law today.
Author | : Duncan French |
Publisher | : Edward Elgar Publishing |
Total Pages | : 331 |
Release | : 2018 |
Genre | : Business & Economics |
ISBN | : 1786438763 |
Building on the previously established Millennium Development Goals, which ran from 2000-2015, the 2015 Sustainable Development Goals (SDGs) provide the UN with a roadmap for development until 2030. This topical book explores the associated legal and normative implications of these SDGs, which in themselves are not legally binding.
Author | : Marie-Claire Cordonier Segger |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 978 |
Release | : 2011-01-01 |
Genre | : Law |
ISBN | : 9041131663 |
Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.
Author | : Emmanuel Agius |
Publisher | : Routledge |
Total Pages | : 227 |
Release | : 2013-12-19 |
Genre | : Political Science |
ISBN | : 1317971787 |
Sustainable development requires consideration of the quality of life that future generations will be able to enjoy, and as the adjustment to sustainable lifestyles gathers momentum, the rights of future generations and our responsibility for their wellbeing is becoming a central issue. In this, the first book to address this emerging area of international law, leading experts examine the legal and theoretical frameworks for representing and safeguarding the interests of future generations in current international treaties. This unique volume will be required reading for academics and students of international environmental law and policy. Emmanuel Agius is Senior Lecturer at the Faculty of Theology and Coordinator of the Future Generations Programme at the Foundation for International Studies, University of Malta. Salvino Busuttil is former Director General of the Foundation for International Studies. Future Generations and International Law is the seventh volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature, Improving Compliance with International Environmental Law, Greening International Institutions and Quotas in International Environmental Agreements. 'A legal parallel to the Blueprint series - welcome, timely and provocative' David Pearce Originally published in 1997