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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 (MEAs). 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; overlaps between
multilateral environmental accords (MEAs) and the WTO; recent
developments in WTO dispute settlement procedures and proceedings;
human rights and environmental opportunities from trade
liberalisation and increased market access; human rights and
environment impact assessment techniques used to analyse trade
agreements; and, 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.
This book, the first in a series that focuses on treaty
implementation for sustainable development, examines key legal
aspects of implementing the Cartagena Protocol on Biosafety to the
UN Convention on Biological Diversity (CBD) at national and
international levels. The volume provides a serious contribution to
the current legal and political academic debates on biosafety by
discussing key issues under the Cartagena Protocol on Biosafety
that affect the further design of national and international law on
biosafety, and analyzing progress in the development of domestic
regulatory regimes for biosafety. In the year of the fifth UN
Meeting of the Parties to the Cartagena Protocol on Biosafety, at
the signature of a new Nagoya-Kuala Lumpur Protocol on Liability
and Redress, this timely book examines developments in biosafety
law and policy.
Beyond the barricades surrounding recent economic meetings, a
constructive agenda is being developed on trade and sustainability
issues in the Americas. This book brings together a diversity of
perspectives and expertise on environment and development issues
from governments, civil society and businesses in the Western
Hemisphere. The book reviews specific areas where trade,
environment and social policies intersect in the Americas,
proposing that more integrated laws and policies could strengthen
hemispheric progress toward sustainable development. It identifies
new means of implementing this agenda, including changes to
proposed trade agreements such as the FTAA, and ways to strengthen
environmental and social cooperation mechanisms in the region,
laying out future directions for law and policy in the region. The
volume incorporates a variety of perspectives with policy options
and research results from across the Americas. Critical yet
constructive, it will appeal to students and scholars interested in
the Americas integration process, as well as to development
professionals and NGOs on the ground.
Beyond the barricades surrounding recent economic meetings, a
constructive agenda is being developed on trade and sustainability
issues in the Americas. This book brings together a diversity of
perspectives and expertise on environment and development issues
from governments, civil society and businesses in the Western
Hemisphere. The book reviews specific areas where trade,
environment and social policies intersect in the Americas,
proposing that more integrated laws and policies could strengthen
hemispheric progress toward sustainable development. It identifies
new means of implementing this agenda, including changes to
proposed trade agreements such as the FTAA, and ways to strengthen
environmental and social cooperation mechanisms in the region,
laying out future directions for law and policy in the region. The
volume incorporates a variety of perspectives with policy options
and research results from across the Americas. Critical yet
constructive, it will appeal to students and scholars interested in
the Americas integration process, as well as to development
professionals and NGOs on the ground.
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.
Saving endangered species presents a critical and increasingly
pressing challenge for conservation and sustainability movements,
and is also matter of survival and livelihoods for the world's
poorest and vulnerable communities. In 1973, a global Convention on
International Trade in Endangered Species (CITES) was adopted to
stem the extinction of many species. In 2015, as part of the
Sustainable Development Goals (SDG 15) the United Nations called
for urgent action to protect endangered species and their natural
habitats. This volume focuses on the legal implementation of CITES
to achieve the global SDGs. Activating interdisciplinary analysis
and case studies across jurisdictions, the contributors analyse the
potential for CITES to promote more sustainable development,
proposing international and national regulatory innovations for
implementing CITES. They consider recent innovations and key
intervention points along flora and fauna value chains, advancing
coherent recommendations to strengthen CITES implementation,
including through the regulation of trade in endangered species
globally and locally.
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.
Economic, technological, social and environmental transformations
are affecting all humanity, and decisions taken today will impact
the quality of life for all future generations. This volume surveys
current commitments to sustainable development, analysing
innovative policies, practices and procedures to promote respect
for intergenerational justice. Expert contributors provide serious
scholarly and practical discussions of the theoretical,
institutional, and legal considerations inherent in
intergenerational justice at local, national, regional and global
scales. They investigate treaty commitments related to
intergenerational equity, explore linkages between regimes, and
offer insights from diverse experiences of national future
generations' institutions. This volume should be read by lawyers,
academics, policy-makers, business and civil society leaders
interested in the economy, society, the environment, sustainable
development, climate change, and other law, policy and practices
impacting all generations.
This book, the first in a new series that focuses on treaty
implementation for sustainable development, examines key legal
aspects of implementing the Cartagena Protocol on Biosafety to the
UN Convention on Biological Diversity (CBD) at national and
international levels. The volume provides a serious contribution to
the current legal and political academic debates on biosafety by
discussing key issues under the Cartagena Protocol on Biosafety
that affect the further design of national and international law on
biosafety, and analyzing recent progress in the development of
domestic regulatory regimes for biosafety. It also examines the
legal, political, economic, and practical challenges and solutions
encountered in recent efforts to develop and implement domestic
biosafety regulations, with a focus on developing countries. In the
year of the fifth UN Meeting of the Parties to the Cartagena
Protocol on Biosafety, at the signature of a new Nagoya-Kuala
Lumpur Protocol on Liability and Redress, this timely book examines
recent developments in biosafety law and policy.
International economic law guides and shapes globalization and the
future of the world economy, our human societies, and the Earth.
The rules which facilitate trade and investment could defend the
interests of Hermes, Greek god of commerce and thieves, or learn to
draw inspiration from Athena, goddess of justice, wisdom, and
crafts. This volume explores how trade and investment agreements
could promote more sustainable development, rather than increasing
the negative social and environmental impacts of economic growth.
States and other actors are attempting to integrate social and
environmental considerations into trade and investment policies,
towards more sustainable development. Analysing their efforts, this
volume offers insights into the ways that commitments to
sustainability are being operationalized in the texts of economic
treaties themselves. Written by a renowned expert jurist and
professor of law, this book examines the measures being debated in
the WTO and adopted by States in a selection of innovative and
flexible regional and bilateral trade and investment accords. With
legal examples spanning decades of experimentation and experience,
the book illuminates how States and stakeholders are seeking
innovative ways to integrate environmental and social
considerations into trade and investment agreements. Introducing a
ground-breaking systematic approach, the volume considers how,
through this integration, international trade and investment law
can contribute to the achievement of the world's Sustainable
Development Goals.
Sustainable Development, International Criminal Justice, and Treaty
Implementation provides a serious and timely perspective on the
relationship between two important and dynamic fields of
international law. Comprising chapters written by leading academics
and international lawyers, this book examines how the principles
and practices of international criminal law and sustainable
development can contribute to one another's elaboration,
interpretation and implementation. Chapters in the book discuss the
potential and limitations of international criminalization as a
means for protecting the basic foundations of sustainable
development; the role of existing international crimes in
penalizing serious forms of economic, social, environmental and
cultural harm; the indirect linkages that have developed between
sustainable development and various mechanisms of criminal
accountability and redress; and innovative proposals to broaden the
scope of international criminal justice. With its rigorous and
innovative arguments, this book forms a unique and urgent
contribution to current debates on the future of global justice and
sustainability.
Sustainable Development, International Criminal Justice, and Treaty
Implementation provides a serious and timely perspective on the
relationship between two important and dynamic fields of
international law. Comprising chapters written by leading academics
and international lawyers, this book examines how the principles
and practices of international criminal law and sustainable
development can contribute to one another's elaboration,
interpretation and implementation. Chapters in the book discuss the
potential and limitations of international criminalization as a
means for protecting the basic foundations of sustainable
development; the role of existing international crimes in
penalizing serious forms of economic, social, environmental and
cultural harm; the indirect linkages that have developed between
sustainable development and various mechanisms of criminal
accountability and redress; and innovative proposals to broaden the
scope of international criminal justice. With its rigorous and
innovative arguments, this book forms a unique and urgent
contribution to current debates on the future of global justice and
sustainability.
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