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Sustainable Development Principles in the Decisions of International Courts and Tribunals: 1992-2012

Sustainable Development Principles in the Decisions of International Courts and Tribunals: 1992-2012

Author: Marie-Claire Cordonier Segger; Yolanda Saito; Judge C.G. Weeramantry
Publisher: Routledge
ISBN: 9781138780057

Published In: May 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9780367193393

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The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development marked a significant milestone setting out seven principles of sustainable development that have been agreed in treaties and soft-law instruments such as the outcomes of the 1992 UN ‘Earth Summit’ Conference on Environment and Development.

Since then, the recognition of the New Delhi principles has been increasingly widespread, occurring across several fields of law by dispute settlement bodies with diverse jurisdictions over human rights, international trade, investment, and international crimes, amongst others.

This book provides an overview of the expanding body of jurisprudence incorporating the New Delhi principles of sustainable development. Consisting of chapters written by respected commentators it documents the application and interpretation of these principles by international and regional courts, tribunals and dispute settlement bodies.

The book examines the differences and commonalities in application amongst courts with jurisdiction over the environment, human rights, trade, investment and international crime. It charts the evolution of principles on sustainable development in international law from soft law standards towards recognition as customary law in certain instances. Before going on to assess the remaining practical, legal, political and economic challenges to further judicial consideration and acceptance of the principles.

It provides a unique contribution of great interest to policy-makers, civil-society organizations, academics and students, and practising lawyers concerned with sustainable development around the world.

1. Introduction, Marie-Claire Cordonier Segger, Duncan French and Yolanda Saito

Part 1: Evolution of International Law and Policy on Sustainable Development

2. The Origins and Concept of Sustainable Development, Marie-Claire Cordonier Segger andKamal Hossain

3. The Historical, Political and Legal Context of the New Delhi Principles, Nico Schrijver

Part 2: Architecture of International Dispute Settlement Related to Sustainable Development

4.The Architecture and Context of International Dispute Settlement, Philippe Sands

5. Dispute Settlement Markus Gehring, Ashfaq Khalfan and Cairo Robb

Part 3: Sustainable Development Principles in State-to-State Dispute Settlement Mechanisms

6. An Overview of the Jurisprudence of the International Court of Justice, Nico Schrijver

7. The Principles of Sustainable Development in the Case Concerning Pulp Mills on the River Uruguay, Dire Tladi

8. Dispute regarding Navigational and Related Rights: the International Court of Justice decision in Costa Rica v. Nicaragua, Jorge Cabrera and Miguel Saldivia

9. The International Court of Justice’s Advisory Opinion on the Palestinian Wall, Markus Gehring

10. The Abyei-Sudan case – Developing the Judicial Habit in Nuanced Ways, Jennifer MacKay

11. The Iron Rhine case: On the right track to sustainable development?, Freya Baetens

12. The Interpretation of Sustainable Development Principles in ITLOS, Timothy Stephens and Aline Jaeckel

13. The WTO Regime and Disputes, Markus Gehring

14. The Principle of Good Governance in WTO Disputes, Jarrod Hepburn

14. The Principle of Integration in WTO/TRIPS Jurisprudence, Henning Grosse Ruse-Khan

15. Elaborating the Common but Differentiated Responsibilities Principle: Experiences in the World Trade Organization, Joyeeta Gupta and Nadia Sanchez

16. Mekong Dispute Settlement and Application of Principles of the New Delhi Declaration, Phan Tuan Hung

Part 4: Sustainable Development in State-to-Other Dispute Settlement Mechanisms

17. Human Rights Regimes and Dispute, Sébastien Jodoin and Stephanie Safdi

18. African Commission on Human and People’s Rights, Hennie Strydom

19. Inter-American Human Rights System, Alexandra Keenan

20. European Court of Human Rights, Armelle Gouritin

21. The Integration Principle in ICSID Awards, Antony Crockett

22. The Principle of Public Participation in ICSID Arbitrations, Avidan Kent

23. The Principle of Good Governance in the Reasoning of Investor-State Arbitral Tribunals, Jonathan Bonnitcha

24. European Court of Justice, Marc Pallemaerts

25.The Principles of Integration and Precaution in the European Legal Regimes, Zsuzanna Horváth

26. Whither Sustainable Development in South Asia? The Emergence of Sustainable Development Jurisprudence in South Asia, Sumudu Atapattu