Also available as an e-book 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.
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.
"This book investigates the concept of sustainable development, its understanding in legal theory and its implementation and enforcement in international law and domestic legal systems." --introd.
Since 1945, the UN has been actively engaged in conceptualizing strategies for both economic development and a sustainable environment. From a broad historical perspective, Development without Destruction sketches the role played by organizations and individuals in the UN system in developing and consolidating principles of international law and international governance with respect to natural resource management. Nico Schrijver highlights the UN's efforts to generate and implement strategies to resolve tensions between economic development and environmental protection, conservation and exploitation, sovereignty and internationalism, and armed conflict and peaceful access to natural resources. Schrijver's thorough analysis is an indispensable guide to management of the critical environmental issues on today's global agenda.
'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.' ASIL Newsletter UN21 Interest Group, June 2005.
. . . this book gives a good overview of major challenges facing policy makers, researchers and ultimately humankind in dealing with climate change. . . The reader also gets a good understanding of how fragmented and transversal the issues of climate change and sustainable development are. Quarterly Journal of International Agriculture . . . a unified, useful and stimulating book which should act as a springboard for further work into what is a very topical and extremely important issue for everyone in the world, not just academics and policymakers. This book serves its intended audience but also deserves to be more widely read. World Entrepreneurship Society Too often, writings on climate change are placed into two categories: climate-change deniers, and climate-change supporters. What this timely and insightful collection of Mohamed Salih s does, is to problematise the issue; taking the debate to a level where it desperately needs to be; asking the thorny questions of how do the politics and international relations of climate impact upon the most vulnerable; the least-affluent; the dwellers of the majority world. In short, Salih challenges us: How did the climate change about climate-change . The responses of his contributors are salient, to-the-point sometimes disturbing but always thought-provoking. Timothy Doyle, Keele University, UK Editing the proceedings of a symposium into a cogent and coherent book is no easy task. This book, a tribute to Professor Opschoor is no exception; with disperse contributions of some highly acclaimed authors covering a wide spectrum of themes. It is a credit to Professor Salih s insight to string them together in the introductory chapter and entice the reader to read on. This book has food for thought on many fronts, reaching far beyond climate change, as did the oeuvre of Hans Opschoor. . . an instructive read. Paul Vlek, Center for Development Research (ZEF), Bonn, Germany It is difficult, if not impossible, to formulate and implement sustainable policy without first understanding the dynamic relationships between nature, society, economics and technology, and research plays a pivotal role in this regard. Climate Change and Sustainable Development is an important book which deals with these issues in the context of climate change and the changing global context of development. It alerts us to the relationship climate change has with two urgent tasks: poverty reduction and sustainable development, which require efforts that span countries, regions and communities. In this interdependent world, argue the authors, a shared vision and common effort are vital to sustaining our life support system. It is a must read. Jacqueline Cramer, The Netherlands Minister for Spatial Planning and the Environment This unique book provides cutting-edge knowledge and analyses of the consequences that climate change will have for sustainable development and poverty reduction within the context of global development. Exploring alternative resource management approaches including federal resource management governance, ecosystem services, digital dematerialization, ecological cities, biofuels versus food, and children and climate change, this innovative volume provides fresh insights on the human condition with regards to the current debates on climate change. The distinguished contributors examine climate change induced processes that present profound challenges to sustainable development and poverty reduction at the local, national and global levels. This groundbreaking study will be a welcome addition for graduate and post-graduate students in development and environmental studies. It will also have great appeal to scientists, policy-makers and researchers in these fields.
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
Seminar paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 2,0, LMU Munich (Juristische Fakultät), course: Munich Advanced Course in International Law (MACIL) - Summer School, language: English, abstract: The text explores the development of international law, particularly focusing on its evolution within the framework of the United Nations and its relevance to the 2030 Agenda for Sustainable Development. It addresses the ongoing debate about the need for reform within the UN Charter and the challenges associated with multilateral norm development. The paper's central question revolves around the effectiveness of international law in the context of the 2030 Agenda. It seeks to analyze the achievements and existing complications in global norm development, emphasizing the comparison between the UN Charter's preamble and the 2030 Agenda to highlight the transformations undergone by international law. Divided into sections, the text first discusses the evolution of international law and its implications for the 2030 Agenda, followed by an overview of the 2030 Agenda and its norm development. It then delves into the effectiveness of norm development within this agenda, examining successes and failures. Additionally, it touches upon the issue of compliance with non-binding laws and offers insights into potential future developments. The conclusion summarizes the findings presented throughout the paper and revisits the initial research question regarding the effectiveness of international law within the context of the 2030 Agenda for Sustainable Development.
The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.
In recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state.
