International Sustainable Development Law

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Marine bioprospecting: international law, Indonesia and sustainable development

Marine bioprospecting: international law, Indonesia and sustainable development

International law on the ABS regime, particularly from the perspective of developing biodiversity-rich countries, would play a significant role as the foundation upon which a legal framework on marine bioprospecting should be developed. It is therefore important to first analyse the number of principles that should be embedded in such a framework. In this context, I rely on the previous work by De Jonge and Louwaars regarding a number of principles underlying the concept of benefit-sharing. 54 Their study concludes that there are six strains of argumentation in which the concept of benefit-sharing is embedded, based on the following principles or motivations: the South-North imbalance in resource allocation and exploitation; the need to conserve biodiversity; biopiracy and the imbalance in intellectual property rights; a shared interest in food security; an imbalance between intellectual property protection and the public interest; and protecting the cultural identity of traditional communities. 55 The authors noted that these different motivations in the development of the ABS regime of genetic resources utilisation have been difficult to reconcile and stakeholders appear to pursue a mix of different aims and objectives instead. 56
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Unravelling the trade and environment debate through sustainable development law principles

Unravelling the trade and environment debate through sustainable development law principles

We have seen that the conflict between TREMs in MEAs and the WTO leads to a conflict of norms and of jurisdictions. Is there any space for public international law in the solution to these conflicts? The answer can be found in the Vienna Convention on the Law of Treaties, 14 which rules how to deal with competing treaties. Art. 30 thereof deals with the application of successive treaties relating to the same subject-matter and it maintains that the most recent one will prevail. This is the lex posterior rule. However, if the latter is applied rigorously, any MEA prior to 1994 that deals also with international trade will be subordinated to the Marrakech Agreement Establishing the World Trade Organization (hereinafter ‘the Marrakech Agreement’), 15 Therefore, we must see if there are other international law rules that deal with the interpretation of competing treaties that could help us in the solution of the trade and environment debate. A customary law rule, the lex specialis, is useful to solve this problem. According to this rule, if two treaties deal with the same issue, the most specific prevails over the more general treaty. Therefore, the lex specialis opens the door to the primacy of those MEAs that deal with international trade, such as the Cartagena Biosafety Protocol to the Convention of Biological Diversity (trade in genetically modified organisms), or the Convention on International Trade in Endangered Species of Wild Fauna and Flora (trade in wildlife species), over WTO rules. This entails that public international law, through the lex specialis rule, would settle a conflict of jurisdictions, due to a conflict of norms between MEA and WTO provisions, in favour of the environmental fora.
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Sustainable Healthy Food Choices: Dietary Guidelines and International Economic Law

Sustainable Healthy Food Choices: Dietary Guidelines and International Economic Law

Preferences for particular products under holistic dietary guidelines based on health objectives create less of a problem than environmental objectives in terms of the initial WTO breach of national treatment obligations under the GATT 1994. Distinctions between food products based on their health attributes will tend to be linked to their physical characteristics such as nutritional content. In contrast, non-product-related PPMs distinguished on the basis of their environmental impact may not be as easily assimilated into the traditional likeness analysis to show that the resulting products are not alike, given the Appellate Body’s refusal to address regulatory purpose per se as a distinguishing factor in that analysis. In the absence of progressive development of the Appellate Body’s approach to regulatory purpose or PPMs, separate from the traditional criteria of likeness, distinctions based on these kinds of environmental concerns may have to be justified instead under the general exceptions in GATT article XX, at least where the distinctions disproportionately burden imported products. Under the general exceptions in GATT article XX, scientific evidence informing distinctions drawn between food products on the basis of their health or environmental impact will be important. Such evidence may be developed domestically in the respondent member or another country, or developed in an international forum. International guidelines, treaties or other international instruments reflecting a multilateral or common understanding of health and environmental aspects of the food in question may also assist in justifying measures under article XX. Explicit exceptions or exclusions for some or all domestically produced products (or products imported from only some countries) are likely to be viewed with particular suspicion in the absence of a demonstrable link to the health and/or environmental objectives being pursued.
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ILA New Delhi Declaration of Principles of International Law Relating to Sustainable Development, 2 April 2002*

ILA New Delhi Declaration of Principles of International Law Relating to Sustainable Development, 2 April 2002*

EXPRESSES the view that the objective of sustainable development involves a compre- hensive and integrated approach to economic, social and political processes, which aims at the sustainable use of natural resources of the Earth and the protection of the environ- ment on which nature and human life as well as social and economic development depend and which seeks to realize the right of all human beings to an adequate living standard on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom, with due regard to the needs and inter- ests of future generations,
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From Engines for Conflict into Engines for Sustainable Development: The Potential of International Law to Address Predatory Exploitation of Natural Resources in Situations of Internal Armed Conflict

From Engines for Conflict into Engines for Sustainable Development: The Potential of International Law to Address Predatory Exploitation of Natural Resources in Situations of Internal Armed Conflict

The Security Council has also used its powers under Chapter VII to set out reforms for particular natural resource sectors. The Liberian timber industry may serve as a primary example. After the diamond sanctions had been installed against Liberia, the government led by Charles Taylor increasingly resorted to logging as a means of generating revenue in order to finance the armed conflict in the region. Therefore, the Security Council called upon the government of Liberia to “take urgent steps, including through the establishment of transparent and internation- ally verifiable audit regimes, to ensure that revenue derived by the Government of Liberia from the … Liberian timber industry is used for legitimate social, humani- tarian and development purposes”.70 Having no effect, the Security Council decided in a subsequent resolution to impose sanctions on Liberian timber.71 68 )  UN Security Council Resolution 2045 (2012), operative para. 6.
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Sustainable international investment law after the Pax Americana: The BOOT on the other foot

Sustainable international investment law after the Pax Americana: The BOOT on the other foot

with extractive industry investment compared to services-oriented investment. 24 With the exception of China, very few emerging economies maintain PRI providers with significant levels of capitalization. The low priority for the insurance of non- commercial risks as a home state policy in emerging economies may reflect the relative scarcity of potential investors: these states did not need to create institutionalized PRI insurance schemes because there were insufficient investors to make use of them. MNEs from developing countries may also be more familiar with unfavourable conditions in their home states and as such have gained greater experience operating in politically unstable environments with corrupt bureaucracies. Yet as MNEs from emerging market countries expand overseas and face oppressive regulation and civil unrest in developing host states, they may be more inclined to seek PRI, such as that offered by the MIGA or other regional development banks. It is thought that PRI guarantees from international agencies like the World Bank’s MIGA are viewed as inaccessible by emerging market firms because the process of obtaining it is too cumbersome relative to the coverage obtained. 25 Indeed, the often exhaustive process for obtaining PRI from many development banks would appear to favour Western firms that are accustomed to requirements such as the performing of environmental impact assessments or engaging in consultations with local citizens. 26 Many development banks also maintain grievance procedures for citizens that have been adversely affected by the operations of foreign investors, 27 and while these are usually optional, pressure to participate in these processes could result in apprehension among MNEs from countries that are not familiar with this level of
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Trends of Development of International Water Law

Trends of Development of International Water Law

reality of water bodies as it really happens: in its multiple interconnections and unitary complexity—of (non- confined) groundwater with surface water 8 , of the watercourses with other biota and ecosystems 9 , with the land mass 10 as well as with marine waters 11 . Several legal documents advocate that catchment areas or other analog- ous integrating concepts be used as the water management units 12 . This then permits and facilitates a more rea- listic or effective legal discipline: one where development of water is not any longer the sole goal pursued, but where instead development becomes integrated with the goal of protection of water 13 ; one where, therefore, only sustainable development is lawful. Protecting the environment or ecosystems of watercourses, water quality, as well as the fight against diverse forms of pollution, thus become main concerns and normative areas of the new- er international water legal disciplines 14 . Correspondingly, the scope of the obligations comprehended is equally enlarged: beyond obligations of mitigation and minimization or reduction and control of harm 15 —of risks 16 , even—there are now obligations of prevention of impacts, of precaution 17 . They all explain the consecration of procedural duties, ranging from notification of planned measures to consultations and negotiation 18 , from simple obligations of access to information to a general duty to perform environmental 19 and strategic impact assess- ments, sometimes ex post even 20 . This wider approach becomes the more necessary as one acknowledges the crucial relevance of water in the ongoing conditions of scarcity 21 and climate change 22 . Both realisations call for actions and measures 23 that have a broader and cyclical time reference. These developments are in line with the concept of integrated water resources management as defined by the Global Water Partnership and based on the
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Drafting and Interpreting International Investment Agreements from a Sustainable Development Perspective

Drafting and Interpreting International Investment Agreements from a Sustainable Development Perspective

However, it is worth making some clarifications of the legality requirement. Investors are required to observe the substantive legal and regulatory norms of the host State, which may be applicable to their investments even if they are difficult to comprehend, such as taxation law. This does not mean that the host State can abuse its legislative power and create inconsistency or arbitrariness where rules are applied to one person, and not to another, or at one time and not another, or recognised and enforced by one organ of the State and ignored by another. But the legality requirement may not be understood to imply that foreign investments have to comply with each and every provision of domestic law or else risk forfeiture of the protection afforded by the IIA, or with norms that are strictly considered as formalities. In fact, as Professor Dolzer has stated, it would appear implausible to argue that each infraction of the local laws would deprive the investor of the guarantees laid down in an IIA.
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Ballast water management for sustainable development – some remarks on Polish law

Ballast water management for sustainable development – some remarks on Polish law

certain types of ballast water managing procedures in Polish maritime areas, taking into account the IMO guidelines and the Common Harmonized Procedures for HELCOM and OSPAR in the scope of granting exemptions under the BWM Convention (Joint Harmonized Procedure for the Contracting Parties of HELCOM and OSPAR on the Management of Ships’ Ballast Water and Sediments, Regulation A-4); (4) required documents (International Ballast Water Management Certificate, Ballast Water Management Plan; Ballast Water Record Book); (5) certification and reviews regarding the requirements of the BWM Convention for ships under the Polish flag, including ships with gross tonnage (GT) less than 400, which are not subject to certification and reviews under the E-1 regulation of the Annex to the BWM Convention, using, inter alia, IMO guidelines or technical regulations for the ballast water management on these ships issued by a Recognized Organization; (6) approval of ballast water treatment systems or changes to these systems on ships by or on behalf of maritime administration on the basis of G-8 guidelines adopted by resolution MEPC.279 (70) of 28 October 2016; (7) authorization of a Recognized Organization to perform maritime administration tasks, including in the field of certification and approval of ballast water treatment systems and changes in these systems; (8) countermeasures and handling of ballast water in emergency situations including IMO guidelines and regional solutions of the Helsinki Commission in this regard; (9) providing information on ballast operations on the ship via the Polish Harbours Information and Control System (PHICS); (10) a ship inspection system to verify compliance with the requirements of the BWM Convention; and (11) sanctions.
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International Environmental Law Enforcement at Local Level for Climate Change Mitigation to Achieve Sustainable Development in India

International Environmental Law Enforcement at Local Level for Climate Change Mitigation to Achieve Sustainable Development in India

Climate changes is due to positive feedbacks in ecosystems and require holistic approaches and policies that guides all environmental protection Law and Acts applicable for climate change mitigation strategies. Apart from International Conventions and Laws there are many Local Laws and Acts which play important role for climate change mitigations and environmental protection. Environment policy in India has evolved under the dominant influence of specific actors and events over time. The period from 1972 to 1980 saw a large number of legislations being enacted, aimed at forest conservation, protection of wildlife and a framework for abatement of water pollution. The Environmental (Protection) Act of 1986, Act No. 29 to act as an "umbrella" legislation designed to provide a frame work for Central government co-ordination of the activities of various central and state authorities established under previous laws, such as Water Act & Air Act. The Air (Prevention and Control of Pollution) Act of 1981, No. 14, 29 March 1981, to provide for the prevention, controls and abatement of air pollution is effective instrument for air management. The Ozone Depleting Substances (Regulation and Control) Rules, 17 July 2000, to enact rules for regulating ozone depleting substances are important rules available. The developing countries, especially the poorest and most vulnerable, will need much more support through effective good governance to adapt to the change that is already embedded in the global climate system.
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Law and policy for environmental protection and sustainable development in Nigeria with special reference to water resources development projects

Law and policy for environmental protection and sustainable development in Nigeria with special reference to water resources development projects

emphasised this point when he stated that "..just as the concept of sustainable development arguably portends important changes in both domestic and international legal regimes, so too it holds far-reaching implications for other disciplines, with respect to both their assumptions and the tasks that may be required of them."69 Saunders particularly points out that law has an important role to play in the move towards a world characterised by sustainable development and identifies three important lessons that would be enriching to the law's function. The first lesson is that the role of law would be an integrated one, whereby law(and lawyers) would more than ever before, be aware of the findings and contributions to the concept of sustainable development of other disciplines, especially in the physical and social sciences. This would provide a means of achieving a fuller understanding of societal values and goals. The second lesson which is a concomitant to the expanded interaction of law and other disciplines, is that law must become more creative in the instruments it brings to bear on issues of sustainable development. This might, to some extent, involve improving or extending existing techniques that have been developed by traditional environmental law and even other legal techniques not normally associated with environmental policy such as the tax system. The third and final lesson is the "translation" function of law. Here the fact that law is often used to translate general policy into specific action creates the
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Relationship between the Rule of Law, Good Governance, and Sustainable Development

Relationship between the Rule of Law, Good Governance, and Sustainable Development

We all have a duty to do whatever we can to restore respect for the rule of law, which is the foundation for a fair and sustainable soci- ety…Sustainable development cannot be achieved unless laws governing society, the economy, and our relationship with the Earth both international and domestic are put into practice and connect with our deepest values. Law must be enforced and complied with by all of society, and all of society must share this obligation . Various institutions’ efforts, including those mentioned above, are helping advance rule of law and good governance. However, it is insufficient to point out a legal obligation and to invest in institutional re- forms if the culture of law abidingness has not replaced the culture of corruption. In oth- er words, if the countries receiving the aid do not work to make the internal changes and do not actually implement the legal and judicial reforms, their legal and judicial systems will continue to struggle to improve, their eco- nomic development will continue to falter, and there will be no progress towards sus- tainable development. Therefore, the donor agencies need to focus more on those reforms aimed at the deeper goal of increasing gov- ernments’ compliance with the laws. This requires tools that empower citizens to partic- ipate in governance, including access to jus- tice, with opportunities to pressure the judi- cial and legal systems. It is increasingly rec- ognized that the fundamental changes that are
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Analysis on the Sustainable Development Mode of Law Undergraduate Education in China in the New Era

Analysis on the Sustainable Development Mode of Law Undergraduate Education in China in the New Era

On the one hand, colleges and universities should highlight their own characteristics according to the actual situation of their region, culture and specialty, and avoid the homogenous, hollow and blind training objectives. I believe that the old "five universities of political science and law" and the "double first-class" universities which were “985 project” and “211 project” universities before should cultivate theoretical, research and elite legal talents, and pay more attention to training the academic and creative ability of students; local law schools with slightly weak strength should cultivate applied and practical legal talents for the grass-roots level institutions. For example, Wuhan University, which was a “985 project” and “211 project” university before and is now a "double first-class" university, pays special attention to the cultivation of foreign-related legal talents in the undergraduate stage by taking its traditional advantages of international law. As an ordinary university, Beihua University clearly puts forward the "frontline practical" training objectivity combined with its own professional strength. These two universities well reflect the level of development goals.
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Sustainable Development, International Trade and the Doha Agenda for Development

Sustainable Development, International Trade and the Doha Agenda for Development

5 Gabcíkovo-Nagymaros Project, 1997 I.C.J. 7, 97-110 (separate opinion of Judge Weeramantry), available at http://www.icj-cij.org/icjwww/idocket/ihs/ihsjudgement/ihs_i judgment_970925_frame.htm. There is voluminous literature on sustainable development, including its history. See also V ED P. N ANDA & G EORGE W. P RING , I NTERNATIONAL E NVIRONMENTAL L AW & P OLICY FOR THE 21 ST C ENTURY 22-27, 90-119 (2003); Marong, supra note 4, at 22-26; Pring, supra note 4, at 13-29; Phillipe Sands, International Law in the Field of Sustainable Development, 1994 B RIT . Y.B. I NT ’ L L. 303 (1995); R ETHINKING S USTAINABLE D EVELOPMENT , 590 A NNALS (S PECIAL I SSUE ) (Nov. 2003); Ved P. Nanda, International Environmental Challenges: “Sustainable Development” and “Environmental Terrorism,” 3 T OURO J. T RANSNAT ’ L L. 1 (1992).
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'Sustainable development' : law, the environment and water resources in modern Thailand

'Sustainable development' : law, the environment and water resources in modern Thailand

The overall purpose of this thesis is to examine problems concerning implementation of the concept of sustainable development in the area of water resources using Thailand as a case stud[r]

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Sustainable Development In Kenya's Energy Sector: Opportunities for International Collaboration

Sustainable Development In Kenya's Energy Sector: Opportunities for International Collaboration

Thus, cons iderations of equity l ead one t o argue that future Canadian collaboration wi th Kenya i n the energy sector shou ld be reoriented to address the urgent needs of the rural an[r]

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International Common Law: The Soft Law of International Tribunals

International Common Law: The Soft Law of International Tribunals

Tribunal rulings can nevertheless influence state behavior by implicating a state's reputation for compliance with international law, by bolstering the reciprocity unde[r]

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Sustainable Relations in International Development Cooperation Projects: The Role of Organizational Climate

Sustainable Relations in International Development Cooperation Projects: The Role of Organizational Climate

So far evaluation criteria have been adopted by the different international cooperation institutions to monitor their projects performances, mainly related to technical and financial aspects (Shenhar et al., 2001; Diallo and Thüillier, 2004). Within this framework “time, cost and performance” were the most important criteria defining the success of a project, originating a vast literature on the subject (Pinto and Slevin, 1988; Lim and Zain, 1999; Hatush and Skitmore, 1997; Walker, 1995, 1996; Navarre and Schaan, 1990). However, a project success is something more complicated than the time, cost and performance criteria (Pinto and Slevin, 1988). According to Baker (1988) “in the long run, what really matters is whether the parties associated with, and affected by, a project are satisfied” . Following this line of thinking a project success is defined in terms of organisation effectiveness (Shenhar et al., 2001), where the human side of project management (Kloppenborg and Opfer, 2002) represents a fundamental criteria integrating the technical-financial aspects (Scott-Young and Samson, 2004). The human side of organization effectiveness could be considered in terms of Relations Sustainability, which refers to the expectations and desires of the individuals involved (Jarvelin and Lehtinen, 1996), their relations’ quality and in their capacity to understand the needs, the requests and the priorities of the other stakeholders (Gido and Clements, 1999). It is defined by variables such as trust, commitment, satisfaction and positive collaboration history (Lages et al., 2005; Fischer et al., 2010).
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The International Committee of the Red Cross and Its Contribution to the Development of International Humanitarian Law in Specialized Instruments

The International Committee of the Red Cross and Its Contribution to the Development of International Humanitarian Law in Specialized Instruments

As always in international negotiations, the treaty adopted is a compromise between opposing positions. One such compromise, which may have implications on ensuring c[r]

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International Law Commons International Relations Commons , and the International Trade Law Commons

International Law Commons International Relations Commons , and the International Trade Law Commons

By classifying state behavior in the international environment according to an assessment of the quantified levels of the three variables (i.e., precision, delegation, [r]

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