Sustainable Development Law Principles, Practices, and Prospects

by Cordonier Segger, Marie-Claire; Khalfan, Ashfaq

• ISBN13: 9780199276707
• ISBN10: 0199276706
• Format: Hardcover
• Copyright: 2005-02-10
• Publisher: Oxford University Press

Summary

This book analyses recent developments in international sustainable development law (ISDL), a field emerging at the intersection between international economic, environmental, and social law. Hundreds of new bi-lateral, regional, and global treaties have been negotiated in the areas of trade,environment, and development over the past two decades, yet most of them face profound problems in implementation. At the same time, disputes over human rights, environmental protection, and economic development are increasingly common. This book provides a long-awaited coherent approach which canaddress conflicts and overlaps between international economic, environmental, and social law. It surveys the international law related to sustainable development; discussing proposed principles, offering case studies that examine innovative aspects of key international instruments, and reflecting onfuture legal research agendas. Part I (Foundations) surveys the origins of the concept of sustainable development, identifying and discussing the foundations of its legal aspects. It also analyses the main results of the World Summit on Sustainable Development in 2002. Part II (Principles) examines the emerging principles ofinternational law related to sustainable development, based on the International Law Association's New Delhi Declaration. Part III (Practices) provides case studies of legal instruments and regimes that integrate economic, social, and environmental aspects, illustrating the challenges and innovativemethodologies of recent years. Part IV (Prospects) proposes cutting-edge research agendas in six priority areas of intersection between international social, economic, and environmental law, and examines the new international architecture of sustainable development governance in light of theoutcomes of the 2002 World Summit for Sustainable Development.Sustainable Development Law is a guide, resource, and reference for scholars, policy-makers, negotiators, and practitioners, and provides students of social, economic, and environmental law with a coherent introduction to the newly emerging law of international sustainable development.

Author Biography

Marie-Claire Cordonier Segger is a Director of the Centre for International Sustainable Development Law. Ashfaq Khalfan is a Director of the Centre for International Sustainable Development Law.

Table of Contents

Introduction	1	(14)
Sustainable Globalization?	2	(4)
Sustainable Development Law: the Book	6	(2)
Key Concepts in Public International Law	8	(7)
I. THE FOUNDATIONS
1. Origins of the Sustainable Development Concept	15	(10)
"Sustainable Development" Prior to Stockholm	16	(1)
The 1972 Stockholm UN Conference on the Human Environment, and the Stockholm Declaration	17	(1)
The 1987 "Brundtland Report"	18	(2)
The 1992 "Earth Summit", the Rio Declaration and Agenda 21	20	(2)
The 1997 New York UN General Assembly Special Session on Sustainable Development	22	(3)
2. Results of the 2002 World Summit for Sustainable Development	25	(20)
A Summary of the Johannesburg Declaration on Sustainable Development	31	(6)
A Summary of the Johannesburg Plan of Implementation	37	(8)
3. Sustainable Development in Policy and in Law	45	(6)
4. The Intersections of International Economic, Social and Environmental Law	51	(44)
International Economic Law	53	(17)
International Social Law	70	(8)
International Environmental Law	78	(17)
II. THE PRINCIPLES
5. Principles of International Law Relating to Sustainable Development	95	(80)
New Delhi Declaration of Principles of International Law Relating to Sustainable Development	99	(4)
The Principle of Integration and Interrelationship in Relation to Social, Economic and Environmental Objectives	103	(6)
The Duty of States to Ensure Sustainable Use of Natural Resources	109	(13)
The Principle of Equity and the Eradication of Poverty	122	(10)
The Principle of Common but Differentiated Responsibilities	132	(11)
Precaution Regarding Human Health, Natural Resources and Ecosystems	143	(13)
The Principle of Public Participation and Access to Information and Justice	156	(10)
The Principle of Good Governance	166	(5)
General Observations from the Survey of Principles	171	(4)
III. THE PRACTICES
6. Case Studies of Innovative Instruments	175	(48)
Sustainability Impact Assessments (SIAs)	175	(12)
Regional Integration Agreements (RIAs)	187	(14)
Economic, Social and Cultural Rights (ESCRs)	201	(19)
Conclusion: Prospects for Further Integrating Human Rights Law in SDL	220	(3)
7. General Observations from the Case Studies	223	(4)
8. Addressing Implementation Challenges	227	(54)
Sustainable Development Governance	229	(15)
Sustainable Development Compliance-building with Salim Nakhjavani	244	(28)
Conclusion	272	(9)
IV. THE PROSPECTS
9. Sustainable International Trade, Investment and Competition Law with Markus W. Gehring	281	(14)
Sustainable Development in Economic Law	282	(5)
Future Research in Trade, Investment and Competition Law	287	(6)
Conclusion	293	(2)
10. Sustainable International Natural Resources Law with Carolyn Deere	295	(16)
Why is Natural Resources Law Important Now?	297	(5)
Law and Integration: People, Planet and Prosperity	302	(2)
Improving Implementation Through Accountability: a Research Agenda for Natural Resources Law	304	(6)
Conclusion	310	(1)
11. International Human Rights and Poverty Law in Sustainable Development with Sumudu Atapattu	311	(12)
Poverty, Human Rights and Sustainable Development	312	(6)
Governance and Institutional Structures	318	(1)
A Future Legal Research Agenda	319	(2)
Conclusion	321	(2)
12. International Health and Sustainable Development Law with Maya Prabhu	323	(18)
The Historic Schism between International Health and International Law	323	(2)
Rationale for the Development of International Sustainable Health Law	325	(2)
An Opening for a New International Sustainable Health Law	327	(3)
A Future Legal Research Agenda	330	(9)
Conclusions	339	(2)
13. Sustainable International Biodiversity Law with Jorge Cabrera Medaglia and Kathryn Garforth	341	(10)
Sustainable Biodiversity Law in Economic Regimes	341	(5)
Sustainable Biodiversity Law in Environmental Regimes	346	(3)
Sustainable Biodiversity Law in Social Regimes	349	(2)
14. Sustainable International Climate Change Law	351	(12)
Equity and Climate Change Law	351	(12)
15. Crosscutting Issues in Sustainable Development Law with Salim Nakhjavani and Maria Leichner Reynal	363	(2)
Conclusions	365	(8)
Sustainable Development Law: Looking Forward	365	(8)
Table of Treaties	373	(12)
Table of Declarations	385	(5)
Table of Cases	390	(5)
Recommended Resources	395	(24)
Index	419