1st Edition
Sustainable Development Principles in the Decisions of International Courts and Tribunals 1992-2012
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.
1. Introduction Marie-Claire Cordonier Segger and H.E. Judge C.G. Weeramantry Part I Evolution of International Law and Policy on Sustainable Development 2. Commitments to Sustainable Development through International Law and Policy Marie-Claire Cordonier Segger and Kamal Hossain 3. Advancements in the Principles of International Law on Sustainable Development by Nico Schrijver 4. Achieving Sustainable Justice Through International Law H.E. Judge C.G. Weeramantry Part II Architecture of International Dispute Settlement Related to Sustainable Development 5. A Complex System of International Courts and Tribunals Cairo Robb and Alexandra Harrington 6. Sustainable Development Challenges in International Dispute Settlement by Cairo Robb, Marie-Claire Cordonier Segger and Caroline Jo Part III Sustainable Development Principles in State-to-State Dispute Settlement Mechanisms International Court of Justice 7. An Overview of Sustainable Development Jurisprudence of the International Court of Justice Duncan French 8. The Principles of Sustainable Development in the Case Concerning Pulp Mills on the River Uruguay Dire Tladi 9. The Principles of Sustainable Development in the Dispute Regarding Navigational and Related Rights: the International Court of Justice Decision in Costa Rica v. Nicaragua Jorge Cabrera Medaglia and Miguel Saldivia Olave 10. The International Court of Justice’s Findings on Sustainable Development in the Gabcikovo-Nagymaros and Other Cases Marcel Szabo Permanent Court of Arbitration 11. Developing the Judicial Habit in Nuanced Ways through the Abyei-Sudan Case Jennifer MacKay 12. On the Right Track to Sustainable Development in the Iron Rhine Case? Freya Baetens International Tribunal for the Law of the Sea 13. The United Nations Convention on the Law of the Sea (LOSC) and Sustainable Development Jurisprudence David Freestone and Freedom-Kai Phillips 14. The Interpretation of Sustainable Development Principles in ITLOS Aline Jaeckel and Timothy Stephens World Trade Organization Dispute Settlement Mechanism 15. Disputes on Sustainable Development in the WTO Regime Markus Gehring and Alexandre Genest 16. The Principle of Good Governance in WTO Disputes Jarrod Hepburn 17. The Principle of Integration in WTO/TRIPS Jurisprudence Henning Grosse Ruse-Khan 18. Elaborating the Common but Differentiated Responsibilities Principle in the World Trade Organization Joyeeta Gupta and Nadia Sanchez Part IV Sustainable Development in State-to-Other Dispute Settlement Mechanisms Human Rights Courts 19. The Principles of Sustainable Development in the Practice of U.N. Human Rights Bodies Stephanie Safdi and Sébastien Jodoin 20. Sustainable Development Controversies in the African Commission on Human and Peoples’ Rights Hennie Strydom 21. Sustainable Development Priorities in the Inter-American Human Rights System Alexandra Keenan 22. Sustainable Development Principles in the European Court of Human Rights Armelle Gouritin Investor-State Arbitral Tribunals 23. The Integration Principle in ICSID Awards Antony Crockett 24. The Principle of Public Participation in ICSID Arbitrations Avidan Kent 25. The Principle of Good Governance in the Reasoning of Investor-State Arbitral Tribunals Jonathan Bonnitcha Regional Courts and Dispute Settlement Mechanisms 26. The Principle of Integration for Sustainable Development in European Policy and Jurisprudence Marie-Claire Cordonier Segger and Markus Gehring 27. The Principles of Integration and Precaution in the European Legal Regimes Zsuzanna Horváth 28. The Emergence of Sustainable Development Jurisprudence in South Asia Sumudu Atapattu 29. Sustainable Development Principles in the Caribbean Court of Justice Danielle Turnquest Moulton and Stephanie Forte 30. Application of Principles of Sustainable Development in the Mekong Dispute Settlement Phan Tuan Hung and Alexander Kenny Dispute Resolution Mechanisms in International Organizations 31. Sustainable Development Concerns at the Aarhus Convention Compliance Committee Andriy Andrusevych and Caroline Jo 32. Sustainable Development Priorities in World Bank Inspection Panel Decisions Sabine Schlemmer-Schulte 33. Principles on Sustainable Development in the NAAEC Commission on Environmental Cooperation Dane Ratliff 34. Sustainable Development Principles in the European Bank for Reconstruction and Development’s Project Complaint Mechanism Kala Katan and Johanna Jambalos 35. Sustainable Development Principles in the Accountability Mechanism of the African Development Bank and Inter-American Development Bank Kala Katan and Francesse Joy J. Cordon Part V Conclusion 36. Judicial Deliberations and Progress on Sustainable Development Marie-Claire Cordonier Segger, Duncan French and Francesse Joy J. Cordon
Biography
Marie-Claire Cordonier Segger is Senior Director, Centre for International Sustainable Development Law; Full Professor of Law, University of Waterloo; Advisor and Fellow of C-EENRG and LCIL, University of Cambridge; and Rapporteur, ILA Committee on Sustainable Resources Management. She also served as IDLO Senior Legal Expert, as Senior Legal Advisor to the UNFCCC CoP22 Presidency and Ramsar Convention and as A/Director, Canadian Government. She has authored/edited 21 books and over 120 papers, and assisted the UN and over 70 countries in legal education and reform on sustainable development.
H.E. Judge C. G. Weeramantry was former Vice-President of the International Court of Justice and Founder of the Weeramantry International Centre for Peace Education and Research. Over five decades as lawyer, legal educator, domestic judge, international judge, author and lecturer, the Judge pioneered international law on sustainable development. He was laureate of the UNESCO Peace Education Prize 2006 in recognition of his commitment and concrete undertakings in support of peace.
