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International Law and Sustainable Development

International Law and Sustainable Development

Alistair Rieu-Clarke

(2005)

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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