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'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.
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.
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.
Written by leading experts in International Law this collection of essays deals with the most recent developments in international environmental law since the UN Rio Conference on Environment and Development in 1992. It focuses on sustainable development, natural resources, Antarctica, the protection of marine environment, and the revolution in international fisheries law.
It is now generally accepted that sustainable development has become a central objective of the international community. This text examines the politics and history of the term, before moving on to analyse relevant principles of international law in this context.
In a remarkably short time "sustainable development" has become firmly established in international law. The World Commission on Environment and Development concisely defined this concept as: "development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs". This definition combines inter-generational equity with an awareness of the finite capacity of the earth and its natural resources. This book brings together a collection of lectures given at the Hague Academy of International Law. The aim of the book is threefold: firstly, to review the genesis, clarify the meaning and assess the status of sustainable development within international law; secondly, to examine the legal principles that have emerged in the pursuit of sustainable development; and finally, to assess to what extent the current state of law demonstrates a balance between and integration of all relevant fields of international law as urged by the Rio, Johannesburg and World Summit documents.
"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.
This book seeks to answer the questions: how do the rules of international treaties on trade and investment apply to the new laws and policies relating to energy-related trade, and do the rules of the multilateral system contribute to or detract from sustainable development? An emerging set of new problems in the law of international trade is how to reconcile the rules of the multilateral trading system with shortages of certain natural resources and the necessity to develop renewable energy resources. The chapters in this book provide a comprehensive analysis of the international trade issues presented by national trade laws and policies with regard to natural resources and energy. This book is about the extent to which we are interpreting existing rules to cover emerging problems and how the rules of the multilateral trading system can be adapted to achieve sustainable development in natural resources and energy. The book begins with a survey of selected national laws relating to recent restrictions on the export of natural resources, both resources used to produce energy as well as natural resources essential for industrial production. After examining the range of such laws in selected important countries, we turn to the application of the rules of the multilateral trading system to such export restrictions. We discuss the major rules of the World Trade Organization (WTO) as well as the natural resources rules in selected regional preferential free trade agreements. While there is not a comprehensive global legal regime on competition law, we believe it is also important to examine how selected national competition laws impact export restrictions on natural resources. This book will be a major contribution to the international dialogue on international economic law issues with respect to trade in natural resources and energy.
Author : Markus W. Gehring Publisher : Kluwer Law International B.V. Page : 778 pages File Size : 30,8 MB Release : 2005-01-01 Category : 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.