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CISDL-UNEP Issue Brief Series on the Contributions of International Law, Policy, and Governance to the SDGs

The Centre for International Sustainable Development Law (CISDL) and the United Nations Environment Programme (UNEP) have initiated a partnership to inquire into the contributions of international law, policy, and governance to the environmental dimensions of the SDGs. The following Issue Brief series is the result of the initial phase of this partnership.  Click on the respective SDG to access the brief. 

 

Public Participation and Climate Governance

The Centre for International Sustainable Development Law (CISDL), the Governance, Environment & Markets Initiative at Yale University (GEM), and the Northern Institute for Environmental and Minority Law (NIEM) of the Arctic Centre (University of Lapland) are pleased to announce the publication of a new series of working papers on Public Participation and Climate Governance. 

The principle of public participation has long been recognized as key to effective and equitable climate policy and governance. Article 6 of the UN Framework Convention on Climate Change (UNFCCC) thus outlines States’ responsibilities to promote and facilitate, inter alia, education and public awareness, public access to information, public participation, training, and international cooperation with respect to addressing climate change and its effects. 

This series of working papers presents new and rigorous research on public participation and climate governance by scholars, policy-makers and practitioners. Contributions include analyses of the legal developments, practices and discourses associated with public participation in various climate change-related fora; case studies of the development and application of the concept of public 
participation and climate governance, including best practices and challenges; and theoretical and critical reflections on the notion of public participation and its relevance to the pursuit of equitable and effective climate governance.

The series is edited by Sébastien Duyck (NIEM), Sébastien Jodoin (McGill University / GEM) and Katherine Lofts (CISDL).

The working papers are available below:

Public Participation and Climate Governance: Opening up or Closing Down Policy Options by Gwendolyn Blue

Picturing Climate Governance: Photovoice and Public Participation by Yanjun Cai

Managing Energy Demand through Local Public Participation: Examples from Japan and France by Magali Dreyfus

The Need for a Rights-Based approach to the Clean Development Mechanism by Eva Filzmoser, Juliane Voigt, Urska Trunk, Karen H. Olsen, and Ademola Oluborode Jegede

When do Stakeholders Share Information ? Insights from Community Forestry in Lamantar, Nepal by Akitaka Wilhelm Fujii and Smriti Bhandari

Public Participation, Deliberative Democracy, and Climate Governance: Learning From the Citizens’ Panel on Edmonton’s energy and Climate Challenges by David Kahane and Mary Pat MacKinnon

Le principe de participation du public à la gestion des forêts dans le Bassin du Congo : forces et faiblesses par Dr. Emmanuel  D. Kam Yogo

Building Climate Governance through the Model Forests Platforms:  Reflections and Challenges by Josique Lorenzo and Roger Villalobos

Experimental Sustainability Governance: Jazzing up Environmental Blues by Joachim Monkelbaan

Youth Participation in Climate Change for Sustainable Development by Joanne Narksompong, and  Sangchan Limjirakan

Forests and Climate Change: Strategies and Challenges for Brazilian Civil Society Organizations between 2005 and 2010 by Ana Leonardo Nassar de Oliveira

“Full and Effective Participation” in the UNFCCC REDD+ Implementation in Cambodia by Pheakkdey Nguon

National Legislative Responses to REDD+ and Community Safeguards, Co--‐Benefits and Community Participation in Bangladesh by Sharaban Tahura Zaman, and M. Hafijul Islam Khan

Legal Working Paper Series on Legal Empowerment for Sustainable Development

The importance accorded to legal empowerment in development and environmental policy and projects has grown considerably in recent years. As defined by the High Level Commission on Legal Empowerment of the Poor, legal empowerment primarily entails strengthening access to justice and the rule of law as well as securing property rights, labour rights, and business rights for all individuals, especially those hailing from marginalized and disadvantaged communities. A growing body of research and practice stresses the important role and benefits of legal empowerment for poverty eradication, economic development, environmental protection, and resource conservation. At the same time, other emerging scholarship has emphasized the limitations and spillover effects of certain aspects of legal empowerment as well as the challenges associated with implementation in concrete cases.

This Legal Working Paper Series on “Legal Empowerment for Sustainable Development” includes nine new and rigorous papers of compelling interest to scholars and policy-makers.  The papers focus on the law and policy aspects of different pillars of legal empowerment, empirical studies of the implications of legal empowerment and emphasize the cross-cutting effects of legal empowerment on both the environment and development.

Contact:
Sean Stephenson, CISDL Associate Fellow at sstephenson@cisdl.org

 

Access to Justice in Cambodia by Siena Anstis

End-of-Life Management of Waste Electrical and Electronic Equipment for Sustainable Development by Gideon Emcee Christian

Liminality and Resistance in Gilgit- Baltistan by Caylee Hong

Combating Social Exclusion and Ecological Change Through Legal Empowerment of the Poor by Kishan Khoday and Usha Natarajan

The Participation of European Minority Peoples in Public Policy Decision Making by Dr. Konstantia Koutouki & Dr. Doris Farget 

Justice Watchdogs by Carley Robb-Jackson

Access to Justice and Legal Empowerment as Vehicles of Poverty Alleviation by Dr. Byron M. Sheldrick

Assessing the Role of Multilateral Development Banks in Legal Empowerment of the Poor by Dimitra B. Manou

Judicial Review of Human Rights Impacts of Hydroelectric Projects by Benoit Mayer

CISDL Legal research Fellow Kishan Khoday presents two working papers

CISDL Legal research Fellow Kishan Khoday paper on Social Accountability & Natural Resource Management

In this first UNDP research paper, Kishan Khoday explores the nexus between sustainable development and governance reform following the Arab revolution. Control over the environment has for decades been central to state legitimacy and power in the region, shaping the nature of autocratic and centralized systems of governance and influencing how sovereignty and statecraft function in the region. As countries across the region craft new social compacts for development, the equitable and sustainable use of natural resources and the environment will likely emerge as a central issue of contention. The social compact in many countries has been defined by a balance between the state control over natural wealth and provision of social development results. But development is about more than charity, it is also about justice and accountability. As chants of freedom and calls for a new era of inclusive and equitable development arise across the Arab region, the history of unsustainable and inequitable use of resources like land, water, energy and minerals will likely emerge as a central focus of reform.

Pdf

CISDL Legal research Fellow Kishan Khoday paper on Sustainable Development in the Arab Revolution

In the second UNDP research paper, Kishan Khoday explores the nexus between the commodity boom and the emergence of social accountability movements for change. The world is passing through a historic convergence of increasing demand for natural resources from emerging economies, historic prices across various commodity groups, a downward trend in resource supply, serious trends of ecological instability, and the rise of inequality between those who develop and profit from such resources and the communities that host them. As the world marks fifty years since the passage of the UN Declaration on Permanent Sovereignty over Natural Resources, natural resources are once again changing the geopolitical landscape of countries around the world. Debates over resource sovereignty are also accompanied by a dramatic rise in social movements for equity and justice. Profit-led growth, in the form of record commodity prices and corporate profits have been coupled with a growing gap between urban industrialists and market speculators on the one hand and rural communities on the other hand who live on a treasure of natural assets but are often excluded from benefit-sharing while also suffering the impacts of ecological change.

Pdf

CISDL Policy Briefs on Climate Compatible Development

CISDL, in partnership with the Climate & Development Knowledge Network (CDKN), the International Development Law Organisation (IDLO) and a consortium of partners is pleased to publish three policy briefs on Climate Compatible Development.

Transforming India into a Solar Power

Climate compatible development at the regional level in Mexico: The Yucatan Peninsula Accord

Working together for REDD+: Developing a national readiness strategy in Tanzania

CISDL publishes COP17 Climate Change Working Paper series

CISDL, in collaboration with the International Development Law Organization, is very pleased to publish its 2011 Working Paper Series on Climate Change, prepared for and launched at the United Nations Framework Convention on Climate Change (UNFCCC) 17th Conference of the Parties (COP17) in Durban, South Africa. The papers were launched during a High-Level Reception at the conference on “Climate Law and Governance in the Global South,” co-organized by the CISDL in the context of the COP17.

This Working Paper Series gathers recent work by CISDL Legal Researchers, addressing key issues in the context of the UNFCCC COP17 negotiations. Please follow the links on the titles below to access the papers:

CISDL hosts Roundtable on Legal Empowerment of the poor

On Monday 21 November 2011, CISDL, in collaboration with the Office of the Commissioner for Federal Judicial Affairs Canada (FJA), hosted a Judicial Roundtable on the topic of “Hearing the Voiceless: Innovations from Local and International Tribunals.” The roundtable focused on innovative judicial approaches to Legal Empowerment of the Poor (LEP).

The roundtable began with expert presentations by Mr. Sébastien Jodoin (“Learning, Legal Empowerment & Social Change: A Look at Legal Innovations in Environmental Governance”), Prof. Konstantia Koutouki and Ms. Cassandra Porter (“Legal Empowerment of the Poor & Indigenous Voices”), & Mr. Patrick Reynaud (“Legal Empowerment in International Courts and Tribunals”).

A draft discussion paper with a summary of these presentations is available here

CISDL & WFC release Report on crafting Future Just Biodiversity Laws and Policies 

As government representatives convene in Montreal, Canada, to discuss the further implementation of the Convention on Biological Diversity, the World Future Council (WFC) and the Center for International Sustainable Development Law (CISDL) have published a new report highlighting positive examples of government actions to save the variety of life on earth. The paper entitled “Crafting Future Just Biodiversity Laws and Policies” includes a survey of the world’s best biodiversity laws from Costa Rica, Norway, Bhutan and South Africa which effectively tackle the loss of species on planet earth. The report also includes an analysis of successful sectoral biodiversity policies which address marine, forest, and agricultural biodiversity. Visionary policies with proven positive impacts for humanity and the variety of life on earth from Australia, Namibia, Rwanda and the Region of Tuscany are highlighted. Furthermore, lawyers and political scientists from WFC and CISDL explain features of future just biodiversity laws and policies. The report draws on academic research and on nominations of the Future Policy Award from the past three years. The award celebrated the world’s best policies on food security in 2009, on biodiversity in 2010 and on forestry in 2011.

The report Crafting Future Just Biodiversity Laws and Policies is available here

CISDL & IDLO release Contribution to Deliberations of UNCSD (Rio+20)

On November 1 2011, the International Law for Sustainable Development (ILSD) Partnership led by the Centre for International Sustainable Development Law (CISDL) and the International Development Law Organization (IDLO) released their contribution to the United Nations Conference for Sustainable Development (UNCSD, also known as Rio+20) deliberations. This input to the UNCSD compilation document was the result of a wide consultation process and discussions between the ILSD partners, which included a seminar held in Rome at IDLO in June 2011.

A full version of the contribution is available here.

CISDL releases Report on Consultation of Quebec Civil Society for the Rio+20 Conference 

On September 21, 2011, the Centre for International Sustainable Development Law (CISDL), the Canadian Environmental Network (CEN) and the Regional Office for North America of the United Nations Environment Program (UNEP) held a consultation of Quebec civil society on the United Nations Conference for Sustainable Development of 2012 (also known as Rio+20).

The consultation benefited from the participation of over 35 experts from a variety of backgrounds, including academics, civil society, the private and public sector, and representatives from CEN and UNEP. This report presents a brief summary of the main recommendations that benefited from consensus from the participants to this consultation. The report does not attribute any particular opinion to any specific participant and the conclusions involved do not necessarily represent the opinion of all participants.

The full report is available here.

CISDL Working Papers on Legal Aspects of Indigenous Sustainable Management of Natural Resources 

CISDL Natural Resources Program is pleased to publish selected papers from its new Working Paper Series on Legal Aspects of Indigenous Sustainable Management of Natural Resources. The vital relationship between Indigenous Peoples and the natural environment is steadily being accepted in international law through such important legal instruments as the UN Declaration on the Rights of Indigenous Peoples and the ILO Convention C169 on Indigenous and Tribal Peoples. With this new Working Paper Series, CISDL aims to encourage new and rigorous scholarship of compelling interest to scholars and policy-makers active in relevant fields.

Selected Papers:

Ms. Jillian Friedman – Legal and Institutional Barriers to Fair Trade
Dr. Kihangi Bindu Kennedy – L’exploitation du pétrole du Lac Édouard et la Loi Environmentale en République Démocratique du Congo
Dr. Kishan Khoday & Prof. Usha Natarajan – Returning to Eden: Combating Ecological Change through Indigenous Rights
Dr. Konstantia Koutouki & Katharina Rogalla Von Bieberstein – The Nagoya Protocol: Status of Indigenous and Local Communities
Ms. Eliana Fischman – Working Together: Experiences in Joint Protected Area Management in Australia
Mame Ngone Sow - De Rio de Janeiro à Genève en passant par Nagoya

The CISDL releases the "Human Rights and the Environment: Key Challenges and Best Practices" legal brief

The Centre for International Sustainable Development Law has released a legal brief entitled "Human Rights and the Environment: Key Challenges and Best Practices." The brief was submitted to the Office of the United Nations High Commissioner for Human Rights as part of its preparatory process for producing a report on human rights and the environment that is due to be presented at the March 2012 session of the United Nations Human Rights Council. The legal brief was edited by CISDL Lead Counsel Sébastien Jodoin and CISDL Associate Fellow Yolanda Saito. The brief examines two key challenges at the intersection of human rights and the environment, three best practices for integrating human rights into policies and programmes for sustainable development, and a number of recommendations for developing the normative and policy framework for human rights and environmental protection.

CISDL & IDLO Responses to UNCSD Questionnaire (2011)

The Centre for International Sustainable Development Law (CISDL) and the International Development Law Organisation released responses to the Questionnaire submitted by the Secretariat of the United Nations Conference on Sustainable Development (UNCSD) during a 3-day seminar in Rome, Italy. The UNCSD will take place in Rio de Janeiro in June 2012. The Questionnaire contains sections on the three objectives for the conference: renewed political commitment for sustainable development; assessing progress and remaining gaps in implementation; and addressing new and emerging challenges. It also has sections on each of the two themes for the conference: a green economy in the context of sustainable development and poverty eradication; and the institutional framework for sustainable development. CISDL & IDLO completed the Questionnaire on behalf of the International Law for Sustainable Development Partnership, of which they are leading partners. The main goal of the partnership is to strengthen sustainable development governance at the international, regional and national levels, laying the foundation for policy implementation by facilitating access to, compliance with, and enforcement of coherent, integrated economic, social and environmental law.

To read the Questionnaire, please follow this link.

CISDL submission to the OHCHR study on human rights and the environment (2011)

The CISDL submitted a brief for the Office of the High Commissioner for Human Rights study on the relationship between human rights and the environment, touching upon on some key challenges and practices at the intersection of these two fields.

To consult the brief, please follow this link.

Sustainable Development Law on Natural Resources

The Centre for International Sustainable Development Law (CISDL) is please to feature a cutting edge Working Paper Series on "Legal Aspects of Indigenous Sustainable Management of Natural Resources." The vital relationship between Indigenous Peoples and the natural environment is steadily being accepted in international law through such important legal instruments as the UN Declaration on the Rights of Indigenous Peoples and the ILO Convention 169 Indigenous and Tribal Peoples. With this Working Paper Series on "Legal Aspects of Indigenous Sustainable Management of Natural Resources," the CISDL aims to encourage new and rigorous scholarship of compelling interest to scholars and policy-makers active in relevant fields focusing on the law and policy aspects of different pillars of Indigenous sustainable management of natural resources. For more information please see the call for papers.

Sustainable Development in Eco-Health Law (2011)

The Center for International Sustainable Development Law (CISDL) is pleased to present the first drafts of a new Legal Working Paper Series on Eco-Health Law. Canada and the countries of the Americas are proceeding with Summits and many economic liberalisation negotiations, which, if realised, will transform the political, environmental, social and economic geography of the Western Hemisphere. This new paper series is part of a larger CISDL initiative, the Eco-Health Americas Law Project, which seeks to identify, analyse and reduce health and environment risks from economic integration for the communities and ecosystems of the Americas, by facilitating the integration of health and environment issues in assessment laws and policies of the Americas.

CISDL Discussion Paper on Legal Empowerment of the Poor (2011)

CISDL Dialogues on Legal Empowerment of the Poor (LEP)

The CISDL Secretariat and Director, in collaboration with IDLO and numerous CISDL members, drafted a discussion paper on the topic of LEP. The background for the paper was the global Commission for the Legal Empowerment of the Poor (LEP), chaired by Madeleine Albright and Hernando de Soto, which released in 2008 a comprehensive report on LEP. The Commission was launched in 2005 by a group of leading developing and developed countries, including Canada, and directed by Dr Naresh Singh. Following the Report, the United Nations General Assembly acknowledged the importance of LEP in terms of its poverty eradication goals and initiatives (See UNGA Resolution A/C.2/64/L.4/Rev.2, 3 December 2009). “Over 4 billion people are “robbed of the chance to better their lives and climb out of poverty, because they are excluded from the rule of law.” LEP, conceptualised broadly in terms of access to justice, property rights, labour rights and business rights, is proposed to provide the opportunity for those living in poverty to improve their conditions and secure more sustainable development. The discussion paper was meant as a supporting document for a Canadian Roundtable on LEP, organized by the CISDL & IDLO on March 21 2011 in Ottawa. The Roundtable attracted numerous significant Canadian stakeholders, including for example the Canadian Bar Association; the Canadian Institute for the Administration of Justice; the National Judicial Institute; the International Development Research Centre; the Canadian International Development Agency; the Office of the Commissioner for Federal Judicial Affairs Canada; Indian & Northern Affairs Canada; Justice Canada; Natural Resources Canada; the Barreau de Quebec; the North-South Institute; the Institute for the Study of International Development; Pro Bono Quebec; the Ontario Social Justice Cluster of Tribunals, and other leading Canadian government departments, universities and legal empowerment institutions. The Roundtable was chaired by the CISDL Director and Dr. Naresh Singh, and generated a lively and interactive discussion on the contribution of Canada to international LEP initiatives. Participants with a wide array of experiences and backgrounds discussed challenges and barriers to LEP, and shared strategies and success stories in terms of overcoming these challenges and determinants of successful initiatives.

The discussion paper is available here.

Sustainable Development Law on Climate Change (2011)

The International Development Law Organisation (IDLO) and the Center for International Sustainable Development Law (CISDL) are pleased to present our 2011 Legal Working Paper Series on Sustainable Development Law on Climate Change. This Legal Working Paper Series gathers recent and updated works by IDLO Experts and CISDL Legal Researchers, addressing key issues emerging from the United Nations Framework Convention on Climate Change COP 16 negotiations:

  1. Freya Baetens, Foreign Investment Law and Climate Change: Legal Conflicts Arising from Implementing the Kyoto Protocol through Private Investment
  2. Marie-Claire Cordonier Segger and Markus Gehring, Trade and Investment Implications of Carbon Trading for Sustainable Development
  3. Sébastien Jodoin, From Copenhagen to Cancun: A Changing Climate for Human Rights in the UNFCCC?
  4. Sébastien Jodoin, Rights-based Framework for climate Finance
  5. Sarah Mason-Case & Prof. Marie-Claire Cordonier Segger, International Law and Climate Finance
  6. Sarah Mason-Case, The Cancun Agreements and Legal Preparedness for Climate Change in Developing Countries
  7. Benoît Mayer, Cancun Conference on Climate Change: Enhanced Attention on Adaptation
  8. Benoît Mayer, International Law and Climate Migrants: A Human Rights Perspective
  9. Patricia Parkinson & Dr. Andrew Wardell, Legal Frameworks to Support REDD Pro-Poor Outcomes
  10. Frederic Perron-Welch, Reducing Emissions from Deforestation and Forest Degradation, Forest Biodiversity Conservation and Respect for Human Rights: Mexico’s Approach
  11. Frederic Perron-Welch, The Future of Global Forests after the Cancun Climate Change Conference
  12. Joshua Roberts, Linking Climate Change with Biodiversity-related Multilateral Environmental Agreements
  13. Joshua Roberts, Trade & Investment under the UNFCCC: The Outcomes of Cancun, and the Road to Durban
  14. Sean Stephenson, Marking Jobs Work: The Right to Work, Jobs and Green Structure Change
  15. Charlotte Streck, How Climate Change Can Catalyze Sustainable Land-Management
  16. Verki Michael Tunteng, Legal Aspects of Climate Change Policy

CISDL Reports on UNFCCC COP16 Events (2010)

The Centre for International Development Law is pleased to release reports on the following 2 events held at the UNFCCC COP16 in Cancun.

Innovative Sustainability Instruments for the Green Economy: A Law & Policy Experts Panel on Strength hening Carbon Markets by Integrating the Environmental and Social Impacts of Trade & Investment

Dec 9 2010 /
Hotel Azul Sensatori, Cancun, Mexico

Co-hosted by Sustainable Prosperity & the CISDL at the ICTSD Symposium on the Role of Trade and Markets in Addressing Climate Change and Sustainable Development at the COP16

Summary

This law and policy experts panel focused on the role that new instruments, such as impact assessments and carbon pricing tools, can play in helping to address climate change and secure more sustainable development. It addressed questions such as what key climate change challenges have been raised in recent impact assessments of trade and investment treaties, and how are new market-based instruments being deployed to address them; how can these instruments support the transition to a low carbon economy and harness trade & investment for sustainable development; and what can be learned from recent EU, Canada and US experiences, and from policy experiments in developing countries. To access the report please click here.

Building Bridges, Filling Gaps: The Law & Policy Research Agenda on Climate Change Governance and Sustainable Development towards Rio+20

An IDLO/CISDL/CAAM Law & Policy Research Dialogue

Dec 9, 2010 /
Hyatt Regency Hotel, Cancun, Mexico

 

Summary

In this Law & Policy Research Seminar, leading developed and developing country negotiators and experts identified key priorities for the emerging law and policy research agendas on climate change governance and sustainable development in the lead-up to the 2012 Earth Summit. Participants included academic partners from Taiwan University, University of Warsaw, McGill University, the University of Ottawa, the Université de Montréal, the University of Cambridge, Yale University, the University of Sidney, the University of Costa Rica, the University of Chile, the University of Capetown, the University of Hanoi, and the Indonesian Society for Environmental Law, among others. Collaborators included the International Development Law Organization, the Centre for International Sustainable Development, Sustainable Prosperity, the International Law Association, the World Conservation Union (IUCN) and the Colegio de Abogados para el Ambiente de Mexico. To access the report please click here.

CISDL & UQAM release commentary on Canada’s 2010 strategy for sustainable development

The CISDL in collaboration with UQAM have released a commentary on Canada’s new federal sustainable development strategy, which has a particular importance insofar as it proposes a concrete definition of sustainable development for all Canadians, with the goal of expressing their values and concerns. Despite a remarkable effort on the behalf of the federal government and a real desire to improve sustainable development governance in Canada, the Strategy has several shortcomings that we wish to communicate to the government in the context of this consultation. Thence, we hope to contribute to the improvement of this strategy.

Please download the document (French only) here.

CISDL Legal Working Paper Series on Climate Change Law and Policy (2007)

The CISDL launched a Legal Working Paper Series on Climate Change Law and Policy at the United Nations Climate Change Conference in Bali, Indonesia.

Climate Change Litigation in the United States of America, by Courtney Blodgett.

Links between European Emissions Trading and CDM Credits for Renewable Energy and Energy Efficiency Projects, by David M. Driesen.

Climate Change and Subsidiarity: Advantages and Challenges for the Implementation of Climate Change Agreements in Federal Systems, by Markus Gehring.

Does TRIPS Facilitate or Impede Climate Change Technology Transfer into Developing Countries?, by Cameron Hutchison.

Canadian Inuit Speak to Climate Change: Inuit Perceptions on the Adaptability of Land Claims Agreements to Accommodate Environmental Change, by Konstantia Koutouki & Natasha Lyons.

Climate Change and the Security Council: A Preliminary Framework for Implementing Remedial Measures Through Chapter VII of the UN Charter, by Christopher K. Penny.

Compensated Reduction: Rewarding the Role of Forests in Climate Protection, by Annie Petsonk.

Clean Development Mechanisms’ Implications for the Korean Electricity Sector and a Proposal of “Less Strict Approach”, by Sangmin Shim.

Emission Trading and the Kyoto Protocol: Not a Panacea but a Good Start, by Moin A. Yahya.

Khoday, K. "Law, Development and Social Equity in Asia: A Comparative Analysis of Land Law as a Tool for Legal Empowerment of the Poor in India and China", Tsinghua University Working Paper, Beijing (2007).

Khoday, K. "The Nomos of the Earth: Applying Complexity Theory to the Challenge of Integrated Legal Responses to Global Environmental Change" Tsinghua University Working Paper, Beijing (2007).

2005 - 2006 Legal Briefs & Working Papers

‘Canadian Securities Regulators Mandate Corporate Environmental and Social Reporting’, M. Kerr & O. Aboubakr, CISDL Legal Brief (2005).

‘Recent Innovations in Biosafety Law’, M. Endicott, C. Frison & K. Garforth, with contributions from M.C. Cordonier Segger, S. Manga & J. Cabrera, CISDL Working Paper (2005).

‘The International Treaty on Plant Genetic Resources in Food and Agriculture from the Perspective of the Principles of International Law Related to Sustainable Development’, C. Frison, CISDL Working Paper (Brussels: CISDL, 2005).

‘Specific issues/concerns of the Multilateral System of access and benefit-sharing in the International Treaty on Plant Genetic Resources for Food and Agriculture’, C. Frison, CISDL Legal Brief, (provisional title, Brussels: September/October, 2005).

2003 – 2004 Legal Briefs & Working Papers

CISDL International Debt Legitimacy Project

The debt burden of developing country governments is a critical issue for sustainable development, and reduces the level of resources available for poverty eradication and environmental protection. A critical area of legal scholarship addresses the issue of creditor responsibility for the debt burden, in particular the creation of odious debts. There are competing definitions of what debts are odious. The most commonly cited is that odious debts are those that are incurred by a government without the consent of its people, with no benefit to them, with the full awareness of the creditor. This doctrine has been invoked by several States, international jurists and tribunals who have argued that the resulting debts cannot be enforced in international law. Several negotiated write-downs and unilateral repudiations of debt have occurred on the basis of the alleged odious nature of particular sovereign debts.

CISDL has been carrying out cutting-edge research since 2002 on this issue. A working paper on the Doctrine of Odious (Illegitimate) Debts was circulated internationally in 2003, and has been cited by most writers on this subject, which is now a fully developed area of legal scholarship. The paper is composed of three parts:

Download the entire study

Download the executive summary only

‘Who Owns Water? Recent Developments in International Sustainable Development Law on Access to Water and Human Rights’ S. Atapattu, CISDL Legal Brief for the United Nations Commission on Sustainable Development, 12th Session (New York: April, 2004).

‘When the WHO Meets the WTO: The World Health Organization Framework Convention on Tobacco Control for the World Health Assembly’ M. Prabhu, CISDL Legal Brief (New York: March, 2004)

‘Legal Strategies to Promote Corporate Social Responsibility and Accountability: A Pre-requisite of Sustainable Development’ M. Kerr & M.C. Cordonier Segger, CISDL Legal Brief (Montreal: March, 2004)

‘Sustainable Biodiversity Law: Global Access, Local Benefits’, K. Garforth and J. Cabrera, CISDL CISDL Legal Research Paper (Montreal: December 2003).

‘Drylands, Degradation & Land Tenure Reform: New Challenges for Decision-Makers in the UN Desertification Convention’ M.C. Cordonier Segger, C. Huggins & P. Dobie, CISDL Legal Brief for the UNDP Challenge Paper on Land Tenure Reform presented in the UNDP – CISDL – ACTS Experts Panel at the Conference of the Parties to the UN Convention to Combat Drought and Desertification (Havana: Sept, 2003).

‘When Biosafety Becomes Binding’ K.Garforth, M.C. Cordonier Segger, J. Cabrera and Erie Tamale (UN CBD Secretariat), CISDL Legal Brief for the ‘When Biosafety Becomes Binding: Experts Panel Event to Mark the Entry Into Force of the Cartagena Protocol on Biosafety’ at the McGill Faculty of Law (Montreal: Sept, 2003)

‘Working Paper: Sustainable Competition Law’ M. Gehring and M.C. Cordonier Segger, CISDL Working Paper for the ‘Competition Law and Sustainable Development’ Legal Experts Panel Event at the WTO 5th Ministerial Conference (Cancun: Sept, 2003) http://www.cisdl.org

‘Sustainable Competition Law’ M. Gehring and M.C. Cordonier Segger, CISDL Legal Brief for the ‘Competition Law and Sustainable Development’ Legal Experts Panel Event at the WTO 5th Ministerial Conference (Cancun: Sept, 2003) http://www.cisdl.org

‘Sustainable Developments in WTO Law and ‘Jurisprudence’ ‘ M. Gehring and M.C. Cordonier Segger, CISDL Legal Brief for the ‘Sustainable Developments in WTO Law and ‘Jurisprudence’’ Legal Experts Panel Event at the WTO 5th Ministerial Conference (Cancun: Sept, 2003) http://www.cisdl.org

‘Counting Credits: Emissions Reduction Registries as a First Step toward Climate Change Regimes in North America?’ M. Gehring, CISDL Working Paper on state emission registries in the US, the registry in the UK emission trading scheme and the registry for the new EU emission trading directive (Washington: June, 2003).

‘A New Regime on Access to Genetic Resources and Benefit-Sharing?’ K. Garforth, M. Toering and H. Suthan, CISDL Legal Brief for Academic Workshop (Montreal: March, 2003).

‘Advancing the Odious Debt Doctrine’ A. Khalfan, J. King and B. Thomas, CISDL Working Paper (New York: March 2003)

‘Precaution in World Trade Law: The Precautionary Principle and its Implications for the World Trade Organisation’ M. Gehring, and M.C. Cordonier Segger, CISDL Research Paper (Montreal: Feb, 2003).

‘International Legal Obligations and Sustainable Climate Change Law in Canada’ L. Carlsson, H. Olivas, A. Khalfan, M.C. Cordonier Segger and M. Gehring, CISDL Legal Brief for the consideration of the ratification and implementation of the Kyoto Protocol in Canada (Montreal: Nov, 2002)

‘The Principle of Common but Differentiated Responsibilities: Origins and Scope’ with S. Nakjavani and W. Tymowski, for the World Summit on Sustainable Development (Johannesburg: Aug, 2002)

‘Human Rights and International Sustainable Development Law’ A. Khalfan & M.C. Cordonier Segger, CISDL Legal Brief for the third Preparatory Commission of the World Summit on Sustainable Development) (Geneva: March, 2002)

‘International Human Rights Obligations and Levels of Financing for Development’ A. Khalfan, M.C. Cordonier Segger, CISDL Legal Brief for the International Conference on Financing for Development (Monterrey: Feb, 2002)

‘Strengthening Environmental Governance & Law for Global Sustainable Development’, M.C. Cordonier Segger & A. Khalfan, Legal Brief for the IV Meeting of the Open-ended Intergovernmental Group of Ministers or their Representatives on International Environmental Governance (Montreal: Dec, 2001).

‘The WTO in International Sustainable Development Law’, M. Gehring, M.C. Cordonier Segger & M. Prost, Legal Brief for the IV Ministerial Meeting of the World Trade Organisation in Doha, Qatar (Doha: Nov, 2001)

‘Sustainability through Process for WTO Law’, A. Marong, M. Gehring & M.C. Cordonier Segger, Legal Brief for the IV Ministerial Meeting of the World Trade Organisation in Doha Qatar (Doha: Nov, 2001),

‘Precaution in International Sustainable Development Law’ M. Gehring & M.C. Cordonier Segger, CISDL Legal Brief for the Preparatory Committee Process for the World Summit on Sustainable Development (Geneva: August, 2001)

‘International Sustainable Development Law: Principles, Practices & Prospects’, M.C. Cordonier Segger and A. Khalfan, Legal Brief for the Preparatory Committee Process for the World Summit on Sustainable Development (New York: February, 2002).

Selected Legal Briefs & Working Papers

“Canadian Securities Regulators Introduce Mandatory Corporate Environmental and Social Disclosure,” M. Kerr &O. Aboubakr, CISDL Legal Brief (Montreal: April, 2005)

“The Principle of Integration and Interrelationship, In Particular In Relation To Human Rights and Social, Economic and Environmental Objectives: Recent Developments in International Law Related to Sustainable Development,” Carinne Hébert-Sabourin & Sébastien Jodoin, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Duty of States to Ensure Sustainable Use of Natural Resources: Recent Developments in International Law Related to Sustainable Development” K. Bottriel, reviewed by D. French, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Equity and the Eradication of Poverty: Recent Developments in International Law Related to Sustainable Development,” J. Hepburn, reviewed by A. Khalfan, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Common but Differentiated Responsibilities: Recent Developments in International Law Related to Sustainable Development,” I. Ahmad, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of the Precautionary Approach to Human Health, Natural Resources and Ecosystems: Recent Developments in International Law Related to Sustainable Development,” J. Hepburn, reviewed by M.W. Gehring & M.C. Cordonier Segger, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Public Participation and Access to Information and Justice: Recent Developments in International Law Related to Sustainable Development,” A. M. Loong, reviewed by M.C. Cordonier Segger, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Good Governance: Recent Developments in International Law Related to Sustainable Development,” N. Chowdhury, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

Dr. Peggy J. Blair, "Book Note," Commercial Law and Human Rights edited by Stephen Bottomley and David Kinley, ( Burlington, VT: Ashgate, 2001) in Human Rights and Human Welfare: An International Review of Books and Other Publications, University of Denver, March, 2005 http://www.du.edu/gsis/hrhw/booknotes/index.html

Dr. Peggy J. Blair, Rights of Aboriginal Women On and Off-Reserve, (Vancouver: The Scow Institute, October, 2005)

Dr. Peggy J. Blair, The Non-Protection of Aboriginal Heritage (Burial Sites and Artifacts), (Vancouver: The Scow Foundation, October 2005)

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