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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.
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.
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.
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.
Drawing on international economic, environmental, and social law,
this book provides a long-awaited coherent approach to the study of
international sustainable development law. It establishes a set of
principles for this emerging field, looks at case studies of
implementation instruments and describes future directions for
international sustainable development law.
Sustainable development, as defined by the World Commission on
Environment and Development, is development that meets the needs of
the present without compromising the ability of future generations
to meet their own needs.A" More specifically, sustainable
development is a process of change that seeks to improve the
collective quality of life by focusing on economically, socially,
and environmentally sound projects that are viable in the
long-term. Sustainable development requires structural economic
change and the foundation of that change is investment. In
developing nations with low levels of domestic savings, investment
predictably comes from abroad in the form of foreign direct
investment. A large and ever expanding number of international
investment agreements are in place to govern these transactions.
While these accords seek to foster development while mitigating the
risk involved in these types investments, many questions remain
unresolved. This highly insightful book reflects the contributions
of a variety of world renowned experts each of which is designed to
provide the reader with valuable perspective on recent developments
in investment law negotiations and jurisprudence from a sustainable
development law perspective. It offers answers to pertinent
questions concerning advancements in investment law, including the
negotiation of numerous regional and bilateral agreements as well
as the increasing number of disputes resolved in the World Bank's
International Centre for the Settlement of Investment Disputes
(ICSID), from different developed and developing country
perspectives. It lays out future directions for new treaty
negotiations and dispute settlement proceedings, as well as ongoing
investment promotion efforts, against a background of rapidly
evolving international relationships between economic, environment
and development law. It focuses on key issues in investment laws
which have emerged as priorities in the negotiation of bilateral
and regional investment agreements, and have been clarified through
recent decisions of the ICSID and other arbitral panel awards.
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