The Evolution of Sustainable Development in International Law: Inception, Meaning and Status

The Evolution of Sustainable Development in International Law: Inception, Meaning and Status

Author: Nico J. Schrijver

Publisher: BRILL

Published: 2009-02-28

Total Pages: 276

ISBN-13: 9047444469

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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.


Sustainable Development in International Law Making and Trade

Sustainable Development in International Law Making and Trade

Author: Elisabeth Bürgi Bonanomi

Publisher: Edward Elgar Publishing

Published: 2015-09-25

Total Pages: 455

ISBN-13: 1784717274

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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.


Climate Change and Sustainable Development

Climate Change and Sustainable Development

Author: Mohamed Abdel Rahim M. Salih

Publisher: Edward Elgar Publishing

Published: 2009-01-01

Total Pages: 337

ISBN-13: 1848449380

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. . . 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.


Sustainable Development, International Law, and a Turn to African Legal Cosmologies

Sustainable Development, International Law, and a Turn to African Legal Cosmologies

Author: Godwin Eli Kwadzo Dzah

Publisher: Cambridge University Press

Published: 2024-04-30

Total Pages: 409

ISBN-13: 1009354086

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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.


International Investment Law and Development

International Investment Law and Development

Author: Stephan W. Schill

Publisher: Edward Elgar Publishing

Published: 2015-12-18

Total Pages: 489

ISBN-13: 1784711357

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International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.


The Right to Development and International Economic Law

The Right to Development and International Economic Law

Author: Isabella D Bunn

Publisher: Bloomsbury Publishing

Published: 2012-03-01

Total Pages: 368

ISBN-13: 1847319106

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The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.


The Right to Development

The Right to Development

Author: Wei Zhang

Publisher: Martinus Nijhoff Publishers

Published: 2019-05-07

Total Pages: 316

ISBN-13: 9004364455

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In The Right to Development authors offer a new path for the implementation and protection of the right to development from the new perspective of the 2030 Agenda for Sustainable Development. Instead of emphasizing the economic perspective, this book focuses on how to realize the right to sustainable development by resolution of conflicts among the economy, the environment and society. Integrating the value analysis into the empirical analysis method, this book expands the scope of the United Nations Declaration on the Right to Development and strengthens its practical function, extracts Chinese experiences, lessons from South Asia, local knowledge in South Africa and practice in Peru on the implementation of the right to development, and puts forward the idea of building human rights criteria in the South.


Contemporary Issues in International Environmental Law

Contemporary Issues in International Environmental Law

Author: M. Fitzmaurice

Publisher: Edward Elgar Publishing

Published: 2009-01-01

Total Pages: 247

ISBN-13: 1848447310

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. . . Highly recommended as a key contribution to the literature. It fulfils its title in being contemporaneous, but more than that it also provides a subtle critique of how many international environmental lawyers have approached their subject. . . this book will be an essential read for anyone interested in the subject. British Yearbook of International Law This book presents an interesting, scholarly read. . . an invaluable reference asset, to law students, researchers, policy makers and non-state actors with interest in environmental regulation and governance. Priscilla Schwartz, Journal of Environmental Law This is a thoughtful and well-researched study of current issues in international environmental law. Malgosia Fitzmaurice s collection of essays is a welcome addition to the literature in this rapidly developing area of the law: it provides perspective on the environmental law issues discussed, but always against the background of the broader concepts and principles of general international law. James Crawford, University of Cambridge, UK The central aim of this insightful book is to illuminate how many concepts in international environmental law such as the precautionary principle and sustainable development are taken for granted. These problematic issues are very much still evolving and subject to heated debate between scholars as well as between states. The author explores these controversies viewing them as a positive development within a field that is in a constant state of flux. Areas discussed include the convergence of human rights with environmental issues and the quest for the human right to a clean environment. The book also clearly demonstrates that international environmental law cannot be analysed in isolation since it greatly influences the development of general international law. Taking full account of the most recent decisions of international courts and tribunals as well as the most up-to-date scholarly analysis, Contemporary Issues in International Environmental Law is a timely and important resource for legal scholars, under- and post-graduates and practitioners alike.


Stabilization Clauses in International Investment Law

Stabilization Clauses in International Investment Law

Author: Jola Gjuzi

Publisher: Springer

Published: 2018-12-05

Total Pages: 585

ISBN-13: 3319972324

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This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.