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)

Marie-Claire Cordonier Segger, Judge C.G. Weeramantry, Eds. (Routlegde, 2017)

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This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

Chapters 

1. Introduction Marie-Claire Cordonier Segger and H.E. Judge C.G. Weeramantry

Part I Evolution of International Law and Policy on Sustainable Development

2. Commitments to Sustainable Development through International Law and Policy, Marie-Claire Cordonier Segger and Kamal Hossain
3. Advancements in the Principles of International Law on Sustainable Development, Nico Schrijver
4. Achieving Sustainable Justice Through International Law, H.E. Judge C.G. Weeramantry

Part II Architecture of International Dispute Settlement Related to Sustainable Development

5. A Complex System of International Courts and Tribunals, Cairo Robb and Alexandra Harrington
6. Sustainable Development Challenges in International Dispute Settlement, Cairo Robb, Marie-Claire Cordonier Segger and Caroline Jo Part

III Sustainable Development Principles in State-to-State Dispute Settlement Mechanisms International Court of Justice

7. An Overview of Sustainable Development Jurisprudence of the International Court of Justice, Duncan French
8. The Principles of Sustainable Development in the Case Concerning Pulp Mills on the River Uruguay, Dire Tladi
9. The Principles of Sustainable Development in the Dispute Regarding Navigational and Related Rights: the International Court of Justice Decision in Costa Rica v. Nicaragua, Jorge Cabrera Medaglia and Miguel Saldivia Olave
10. The International Court of Justice’s Findings on Sustainable Development in the Gabcikovo-Nagymaros and Other Cases, Marcel Szabo

Permanent Court of Arbitration

11. Developing the Judicial Habit in Nuanced Ways through the Abyei-Sudan Case, Jennifer MacKay
12. On the Right Track to Sustainable Development in the Iron Rhine Case?, Freya Baetens

International Tribunal for the Law of the Sea

13. The United Nations Convention on the Law of the Sea (LOSC) and Sustainable Development Jurisprudence, David Freestone and Freedom-Kai Phillips
14. The Interpretation of Sustainable Development Principles in ITLOS, Aline Jaeckel and Timothy Stephens

World Trade Organization Dispute Settlement Mechanism

15. Disputes on Sustainable Development in the WTO Regime, Markus Gehring and Alexandre Genest
16. The Principle of Good Governance in WTO Disputes, Jarrod Hepburn
17. The Principle of Integration in WTO/TRIPS Jurisprudence, Henning Grosse Ruse-Khan
18. Elaborating the Common but Differentiated Responsibilities Principle in the World Trade Organization, Joyeeta Gupta and Nadia Sanchez

Part IV Sustainable Development in State-to-Other Dispute Settlement Mechanisms Human Rights Courts

19. The Principles of Sustainable Development in the Practice of U.N. Human Rights Bodies, Stephanie Safdi and Sébastien Jodoin
20. Sustainable Development Controversies in the African Commission on Human and Peoples’ Rights, Hennie Strydom
21. Sustainable Development Priorities in the Inter-American Human Rights System, Alexandra Keenan
22. Sustainable Development Principles in the European Court of Human Rights, Armelle Gouritin

Investor-State Arbitral Tribunals

23. The Integration Principle in ICSID Awards, Antony Crockett
24. The Principle of Public Participation in ICSID Arbitrations, Avidan Kent
25. The Principle of Good Governance in the Reasoning of Investor-State Arbitral Tribunals, Jonathan Bonnitcha

Regional Courts and Dispute Settlement Mechanisms

26. The Principle of Integration for Sustainable Development in European Policy and Jurisprudence, Marie-Claire Cordonier Segger and Markus Gehring
27. The Principles of Integration and Precaution in the European Legal Regimes, Zsuzanna Horváth
28. The Emergence of Sustainable Development Jurisprudence in South Asia, Sumudu Atapattu
29. Sustainable Development Principles in the Caribbean Court of Justice, Danielle Turnquest Moulton and Stephanie Forte
30. Application of Principles of Sustainable Development in the Mekong Dispute Settlement, Phan Tuan Hung and Alexander Kenny

Dispute Resolution Mechanisms in International Organizations

31. Sustainable Development Concerns at the Aarhus Convention Compliance Committee, Andriy Andrusevych and Caroline Jo
32. Sustainable Development Priorities in World Bank Inspection Panel Decisions, Sabine Schlemmer-Schulte
33. Principles on Sustainable Development in the NAAEC Commission on Environmental Cooperation, Dane Ratliff
34. Sustainable Development Principles in the European Bank for Reconstruction and Development’s Project Complaint Mechanism, Kala Katan and Johanna Jambalos
35. Sustainable Development Principles in the Accountability Mechanism of the African Development Bank and Inter-American Development Bank, Kala Katan and Francesse Joy J. Cordon

Part V Conclusion

36. Judicial Deliberations and Progress on Sustainable Development Marie-Claire Cordonier Segger, Duncan French and Francesse Joy J. Cordon