International Law and Sustainable Development
Principles and Practice
Biographical note
Nico Schrijver is Professor of International Law at the Vrije Universiteit, Amsterdam and Rapporteur (1994-2002) of the ILA Committee on Legal Aspects of Sustainable Development.
Friedl Weiss is Professor of International Economic Law and international organisations at the University of Amsterdam and Rapporteur on Trade and Investment Issues of the ILA Committee on International Trade Law.
Friedl Weiss is Professor of International Economic Law and international organisations at the University of Amsterdam and Rapporteur on Trade and Investment Issues of the ILA Committee on International Trade Law.
Reviews
The adoption by the editors of the view that sustainable development has ‘graduated’ from a ‘political concept to being a principle possessing a widely recognized legal core’ creates an ideal foundation from which to focus on the practice and integration of sustainable development in the wider context of the international community.
Angela Williams in Environmental Liability, 2005
In this volume, Schrijver and Weiss have collected a group of nearly thirty senior and young scholars from around the world to examine the evolution of sustainable development law and practice. Their work provides a timely evaluation of how the pursuit of sustainable development as a hybrid of environmental protection and economic development has synergistically advanced the interests of its dual components.
The editors’ deep experience is reflected in their concise overviews of each section. Select chapters provide an incisive view on adopting, implementing and enforcing principles of sustainable development.
Janet Martinez, Lecturer, Stanford Law School at 2005
'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.'
ASIL Newsletter UN21 Interest Group, June 2005.
Angela Williams in Environmental Liability, 2005
In this volume, Schrijver and Weiss have collected a group of nearly thirty senior and young scholars from around the world to examine the evolution of sustainable development law and practice. Their work provides a timely evaluation of how the pursuit of sustainable development as a hybrid of environmental protection and economic development has synergistically advanced the interests of its dual components.
The editors’ deep experience is reflected in their concise overviews of each section. Select chapters provide an incisive view on adopting, implementing and enforcing principles of sustainable development.
Janet Martinez, Lecturer, Stanford Law School at 2005
'This masterly written collection, from many experts, focuses on the efforts of policy makers, as well as regional and national interest groups, to invoke International Law as the tool for realizing the objectives of sustainable development. The authors provide a rich vein of recent State and organizational practices that can be profitably mined by both academics and practitioners exploring contemporary perspectives.'
ASIL Newsletter UN21 Interest Group, June 2005.
Table of contents
Foreword– Bruno Simma,
Preface – Kamal Hossain,
Introducing the Book – Nico Schrijver and Friedl Weiss,
List of Contributors,
Acknowledgements,
Table of Cases,
Table of Treaties,
List of Abbreviations,
Part I: Sustainable Development: The Evolution of Principles, Introductory Note by the Editors,
1 Ximena Fuentes, International Law-making in the Field of Sustainable Development: The Unequal Competition between Development and the Environment,
2 Christopher Pinto, Some Thoughts on the Making of International Environmental Law: A Cautionary Tale,
3 Duncan A. French, The Role of the State and International Organisations in Reconciling Sustainable Development and Globalisation,
4 Yoshiro Matsui, The Principle of “Common but Differentiated Responsibilities”,
5 Gerhard Loibl, The Evolving Regime on Climate Change and Sustainable Development,
6 Thomas W. Wälde, Natural Resources and Sustainable Development: From “Good Intentions” to “Good Consequences”,
Part II: Sustainable Development: The Evolution of Practice
Introductory Note by the Editors, A. International Trade,
7 Surya P. Subedi, Managing the ‘Second Agricultural Revolution’ through International Law: Liberalisation of Trade in Agriculture and Sustainable Development,
8 Liu Sun, Lessons from China’s WTO Accession Negotiations: A Look at Likely Implementation Problems Ahead,
9 Karl M. Meessen, Competition in the Doha Round of WTO Negotiations,
10Erik Denters, Free Riders, Claims and Countermeasures in Combating Climate Change,
11 Mar Campins-Eritja and Joyeeta Gupta, The Role of “Sustainability Labelling” in the International Law of Sustainable Development, B. Foreign Investment,
12 Paul de Waart, Sustainable Development through a Socially Responsible Trade and Investment Regime,
13 Eva Nieuwenhuys, Global Development through International Investment Law: Lessons Learned from the MAI,
14 Esther Kentin, Sustainable Development in International Investment Dispute Settlement: the ICSID and NAFTA Experience, C. Human Rights,
15 Arjun Sengupta, Implementing the Right to Development,
16 Sueli Giorgetta, The Right to a Healthy Environment,
17 Antoinette Hildering, The Right of Access to Freshwater Resources, D. Natural Resources and Waste Management ,
18 Mary E. Footer, Our Agricultural Heritage: Sustainability, Common Heritage and Intergenerational Equity,
19 Rosemary Rayfuse, The Challenge of Sustainable High Seas Fisheries,
20 Peter Stoett, Wildlife Conservation: Institutional and Normative Considerations,
21 Karin Arts and Joyeeta Gupta, Climate Change and Hazardous Waste Law: Developing International Law of Sustainable Development,
Part III: Sustainable Development: The Evolution of Regional and National Experience, Introductory Note by the Editor,
22 Alistair S. Rieu-Clarke, Sustainable Use and the EC Water Framework Directive: From Principle to Practice?,
23 Elizabeth Bastida, Integrating Sustainability into Mining Law: the Experience of Some Latin American Countries,
24 Roda Mushkat, The Principle of Public Participation: An Asia-Pacific Perspective,
25 Wilbert T.K. Kaahwa, Towards Sustainable Development in the East African Community,
26 Shyami Puvimanasinghe, Public Interest Litigation, Human Rights and the Environment in the Experience of Sri Lanka,
27 Maria Magdalena Kenig-Witkowska, Sustainable Development in Polish Law,
Appendix, ILA New Delhi Declaration of Principles of International Law Relating to Sustainable Development, 2002, Index
Preface – Kamal Hossain,
Introducing the Book – Nico Schrijver and Friedl Weiss,
List of Contributors,
Acknowledgements,
Table of Cases,
Table of Treaties,
List of Abbreviations,
Part I: Sustainable Development: The Evolution of Principles, Introductory Note by the Editors,
1 Ximena Fuentes, International Law-making in the Field of Sustainable Development: The Unequal Competition between Development and the Environment,
2 Christopher Pinto, Some Thoughts on the Making of International Environmental Law: A Cautionary Tale,
3 Duncan A. French, The Role of the State and International Organisations in Reconciling Sustainable Development and Globalisation,
4 Yoshiro Matsui, The Principle of “Common but Differentiated Responsibilities”,
5 Gerhard Loibl, The Evolving Regime on Climate Change and Sustainable Development,
6 Thomas W. Wälde, Natural Resources and Sustainable Development: From “Good Intentions” to “Good Consequences”,
Part II: Sustainable Development: The Evolution of Practice
Introductory Note by the Editors, A. International Trade,
7 Surya P. Subedi, Managing the ‘Second Agricultural Revolution’ through International Law: Liberalisation of Trade in Agriculture and Sustainable Development,
8 Liu Sun, Lessons from China’s WTO Accession Negotiations: A Look at Likely Implementation Problems Ahead,
9 Karl M. Meessen, Competition in the Doha Round of WTO Negotiations,
10Erik Denters, Free Riders, Claims and Countermeasures in Combating Climate Change,
11 Mar Campins-Eritja and Joyeeta Gupta, The Role of “Sustainability Labelling” in the International Law of Sustainable Development, B. Foreign Investment,
12 Paul de Waart, Sustainable Development through a Socially Responsible Trade and Investment Regime,
13 Eva Nieuwenhuys, Global Development through International Investment Law: Lessons Learned from the MAI,
14 Esther Kentin, Sustainable Development in International Investment Dispute Settlement: the ICSID and NAFTA Experience, C. Human Rights,
15 Arjun Sengupta, Implementing the Right to Development,
16 Sueli Giorgetta, The Right to a Healthy Environment,
17 Antoinette Hildering, The Right of Access to Freshwater Resources, D. Natural Resources and Waste Management ,
18 Mary E. Footer, Our Agricultural Heritage: Sustainability, Common Heritage and Intergenerational Equity,
19 Rosemary Rayfuse, The Challenge of Sustainable High Seas Fisheries,
20 Peter Stoett, Wildlife Conservation: Institutional and Normative Considerations,
21 Karin Arts and Joyeeta Gupta, Climate Change and Hazardous Waste Law: Developing International Law of Sustainable Development,
Part III: Sustainable Development: The Evolution of Regional and National Experience, Introductory Note by the Editor,
22 Alistair S. Rieu-Clarke, Sustainable Use and the EC Water Framework Directive: From Principle to Practice?,
23 Elizabeth Bastida, Integrating Sustainability into Mining Law: the Experience of Some Latin American Countries,
24 Roda Mushkat, The Principle of Public Participation: An Asia-Pacific Perspective,
25 Wilbert T.K. Kaahwa, Towards Sustainable Development in the East African Community,
26 Shyami Puvimanasinghe, Public Interest Litigation, Human Rights and the Environment in the Experience of Sri Lanka,
27 Maria Magdalena Kenig-Witkowska, Sustainable Development in Polish Law,
Appendix, ILA New Delhi Declaration of Principles of International Law Relating to Sustainable Development, 2002, Index
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