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Book Details
Abstract
Implementing the goal of sustainable development has long been heralded as the means by which the needs of both present and future generations can be met. However, finding a long-term balance between economic, social and environmental interests, the basic tenet of sustainable development, has proved largely illusive in practice. This book shows that while a number of legal frameworks to help promote the goal of sustainable development have been proposed at the international level they fail to fully capture the essence of sustainable development and international law's capacity to support its implementation. The book offers a critical analysis of past attempts to develop legal frameworks for promoting sustainable development at the international level, and advocates for a fresh approach based on lessons learnt from the law of international watercourses. The book is divided into four sections. The first section includes an overview of the topic area and an understanding of international law. In section two the book explores the meaning of sustainable development and considers the term's relationship with international law. A detailed analysis of how the law of international watercourses seeks to reconcile competing economic, social and environmental interests is carried out in section three. The book concludes with a section advocating the need for a fresh approach to international law and sustainable development and offering the foundations for this approach based on lessons learnt from the law of international watercourses.
Table of Contents
Section Title | Page | Action | Price |
---|---|---|---|
Contents | v | ||
Foreward | viii | ||
Abbreviations | xi | ||
Table of International treaties and other instruments | xvii | ||
Table of Cases and Arbitrations | xxxviii | ||
Introduction | xli | ||
1. MEETING THE NEEDS OF PRESENT AND FUTURE GENERATIONS | xli | ||
2. THE ROLE OF INTERNATIONAL LAW IN IMPLEMENTING SUSTAINABLE DEVELOPMENT | xliii | ||
3. WHY THE LAW OF INTERNATIONAL WATERCOURSES? | xlv | ||
4. PURPOSE AND OUTLINE OF THE STUDY | xlix | ||
1.0 Identifying International Law | l | ||
1.1 THE NORMATIVE THRESHOLD | l | ||
1.2 INTERNATIONAL LAW AND HOW IT WORKS | lii | ||
1.2.1 What is the purpose of international law? | lii | ||
1.3 IDENTIFYING RULES AND PRINCIPLES OF INTERNATIONAL LAW | lv | ||
1.3.1 Article 38(1) of the Statute of the ICJ | lv | ||
1.3.2 International conventions | lv | ||
1.3.3 International custom | lvii | ||
1.3.3.1 State Practice | lviii | ||
1.3.3.2 Opinio Juris | lix | ||
1.3.3.3 Relationship between Treaty and International Custom | lx | ||
1.3.3.4 Relationship between Non-binding Instruments and International Custom | lxv | ||
1.3.4 General principles of law | lxvii | ||
1.3.5 Judicial decisions and writings of the most highly qualified publicists | lxix | ||
1.4\tCONCLUSION | lxx | ||
2.0 What is Sustainable Development? | lxxi | ||
2.1 THE EMERGENCE OF INTERNATIONAL DEVELOPMENT | lxxi | ||
2.2 THE EMERGENCE OF A “THIRD WORLD” VOICE | lxxiii | ||
2.3 DEVELOPMENT AND HUMAN RIGHTS | lxxvi | ||
2.4 DEVELOPMENT AND ENVIRONMENTAL PROTECTION | lxxvii | ||
2.5 RIO TO JOHANNESBURG | lxxxiv | ||
2.6 SUSTAINABLE DEVELOPMENT: A MULTIFACETED CONCEPT | lxxxvi | ||
3.0 What is the Legal relevance of sustainable development | lxxxviii | ||
3.1 TREATIES | lxxxviii | ||
3.2 NON-BINDING INSTRUMENTS | xc | ||
3.3 DECISIONS OF COURTS AND TRIBUNALS | xcii | ||
3.4 WRITINGS OF PUBLICISTS | xciii | ||
3.5\tCONCLUSION | xcvi | ||
4.0 International law in the field of sustainable development | xcviii | ||
4.1 SOVEREIGNTY OVER NATURAL RESOURCES | c | ||
4.1.1 Content | c | ||
4.2 SUSTAINABLE USE OF NATURAL RESOURCES | cv | ||
4.2.1 Content | cv | ||
4.3 THE PRECAUTIONARY APPROACH | cix | ||
4.3.1 Content | cix | ||
4.4 COMMON BUT DIFFERENTIATED RESPONSIBILITY | cxiv | ||
4.4.1 Content | cxiv | ||
4.5 RIGHT TO DEVELOPMENT | cxix | ||
4.5.1 Content | cxix | ||
4.6 THE PRINCIPLE OF INTEGRATION AND INTERRELATIONSHIP | cxxiv | ||
4.6.1 Content | cxxiv | ||
4.6.2 Legal status | cxxv | ||
4.6.2.1 Integrating international trade and environmental protection | cxxvi | ||
4.6.2.2 Environmental impact assessment | cxxix | ||
4.7 PUBLIC PARTICIPATION | cxxxi | ||
4.7.1 Content | cxxxi | ||
4.7.2 Legal status | cxxxii | ||
4.7.2.1 Access to information | cxxxii | ||
4.7.2.2 Public participation in the decision-making process | cxxxiv | ||
4.7.2.3 Access to justice and administrative proceedings | cxxxv | ||
4.8\tCONCLUSION | cxxxvi | ||
5.0 Reconciling competing interests over International Watercourses | cxl | ||
5.1 THE LEGAL BASIS OF EQUITABLE AND REASONABLE USE | cxli | ||
5.2 WHAT IS EQUITABLE AND REASONABLE USE? | cxliii | ||
5.3 RECONCILING FUNDAMENTAL INTERESTS | cl | ||
5.4\tCONCLUSION | clxxi | ||
6.0 Precedural rules and mechanisms for dispute avoidance and resolution | clxxiii | ||
6.1 JOINT INSTITUTIONS | clxxv | ||
6.2 DUTY TO GIVE PRIOR NOTIFICATION AND CONSULTATION | clxxviii | ||
6.3 DUTY TO EXCHANGE DATA AND INFORMATION | clxxxi | ||
6.3.1 Duty to Exchange Data and Information between States | clxxxi | ||
6.4 COMPLIANCE STRATEGY | clxxxvi | ||
6.5 DISPUTE RESOLUTION | clxxxix | ||
6.6\tCONCLUSION | cxcv | ||
7.0 Lessons learnt from the law of International Watercourses | cxcvi | ||
7.1 PAST APPROACHES TO “INTERNATIONAL” LAW IN THE FIELD OF SUSTAINABLE DEVELOPMENT | cxcvi | ||
7.2 LESSONS LEARNT FROM THE LAW OF INTERNATIONAL WATERCOURSES | cxcvii | ||
7.3 A FRESH APPROACH | cxcix | ||
PART I. INTRODUCTION | ccvi | ||
PART II. GENERAL PRINCIPLES | ccviii | ||
PART III. PLANNED MEASURES | ccx | ||
PART IV. PROTECTION, PRESERVATION AND MANAGEMENT | ccxii | ||
PART V. HARMFUL CONDITIONS AND EMERGENCY SITUATIONS | ccxiv | ||
PART VI. MISCELLANEOUS PROVISIONS | ccxv | ||
PART VII. FINAL CLAUSES | ccxvii | ||
ANNEX - ARBITRATION | ccxviii | ||
NEW DELHI, 6 APRIL 2002 | ccxxviii | ||
Index | cclx | ||
Bibliography | ccxxviii |