Sustainable Development as a Principle of International Law by Christina Voigt

By Christina Voigt

This quantity presents a framework for the doctrinal beginning of sustainable improvement as a precept of integration in foreign legislations. The paintings departs from the fragmented nature of the overseas felony approach, a approach that lacks integrative rules for growing coherent kinfolk among, for instance, the foreign alternate regime of the WTO and multilateral environmental agreements. the categorical concentration is on a criminal research of power normative conflicts among weather measures as regulated by way of the UNFCCC and the Kyoto Protocol, particularly the flexibleness tools of overseas emissions buying and selling and the fresh improvement Mechanism, and the principles of the WTO. realization is then given to the applying of sustainable improvement as a precept of integration with regards to those conflicts. The e-book takes on numerous vital, well timed and critical initiatives concerning the pressing worldwide problem of weather swap and the ability of overseas legislations to accommodate advanced and multifaceted concerns. It addresses particularly: - The relatives among quite a few overseas felony regimes, particularly among overseas exchange legislation and weather legislation, - The felony prestige of sustainable improvement as a precept of foreign legislation, and - The research of interpretative tools and of rules that can serve to deal with conflicts among principles touching on diversified criminal regimes. the following, integration as a part of felony reasoning turns into really proper.

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6 7 8 See Beyerlin, 1996, 97. 151/26 (Vol. I). See International Development Strategy for the Third Nations Development Decade, UNGA Res. 35/56, adopted 5 Dec. 1980. 11 Some of the earlier approaches to sustainable development aimed at establishing norms for environmental protection and conservation that were ecology-oriented rather than utilization-oriented. 12 However, the idea of sustainable development as expressed by the WCED had the most far-reaching implications for international law. 13 9 12 13 10 11 World Conservation Strategy, prepared by the IUCN, Gland Switzerland, 1980.

Sustainable Development and International Law (London: Graham & Trotman, 1995) 35; P. ) 1995, 23; P. Sands, ‘International Law in the Field of Sustainable Development’ (1994) 65:5 BYbIL 303–381. See Case Concerning the Gabčikovo-Nagymaros Project, ICJ Reports 7 (Separate Opinion of Vice-President Judge Weeramantry), where the concept is linked to ancient irrigation practises in Sri-Lanka, Sub-Saharan cultures, and practices in China and South America and Europe. Judge Weeramantry contends that the concept of sustainable development is ‘one of the most ancient ideas in the human heritage.

Htm>. 1: Structure of the Johannesburg Plan of Implementation in Cordonier Segger and Khalfan, 2004, 27–28. See generally K. ’ (2003) 52:1 International and Comparative Law Quarterly 256–268; Earth Negotiations Bulletin, Summary of the World Summit on Sustainable Development, 22:51 ENB (2002). 26 Sustainable Development as a Principle of International Law today. 65 The WSSD has been widely criticised for failing to make significant progress. Apart from reiterations of its commitment to sustainable development,66 no contribution of any substance to define sustainable development has been made.

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