International Law And Sustainable Development: Principles And Practice

Front Cover
Nico J. Schrijver, Friedl Weiss
Martinus Nijhoff Publishers, 2004 M01 1 - 711 pages
The concept of 'sustainable development' has attracted considerable attention in recent years and has become of pivotal importance, not only in scientific and political discourse but also, increasingly, in the practice of states and of relevant international organisations. Since 1992 and within a remarkably short period of time, sustainable development has been endorsed and recognised in a number of instruments of international law. Thus, it is incorporated in various environmental treaties as well as in international fisheries agreements, the 1995 Agreement Establishing the World Trade Organisation (WTO) and EU law. Sustainable development and related concepts also feature in a number of international judicial decisions of the 1990s, for example those of the International Court of Justice and the WTO Appellate Body. The chapters assembled in this book illustrate various aspects of efforts of policy makers, regional and national interest groups to invoke and rely upon international law for the realisation of the objective of sustainable development. They deal in particular with recent examples of the practice of states and of relevant international organisations, especially in such areas as international trade, foreign investment regulation, human rights and natural resources and waste management. Furthermore, some chapters are dedicated to a review of relevant practice at the regional and national level.

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Contents

Christopher Pinto Some Thoughts on the Making of International
39
Duncan A French The Role of the State and International
53
Yoshiro Matsui The Principle of Common but Differentiated
73
Gerhard Loibl The Evolving Regime on Climate Change
97
Surya P Subedi Managing the Second Agricultural Revolution
161
A Look
185
Karl M Meessen Competition in the Doha Round of
217
Erik Denters Free Riders Claims and Countermeasures in Combating
231
Antoinette Hildering The Right of Access to Freshwater Resources
405
Sustainability Common
433
Rosemary Rayfuse The Challenge of Sustainable High Seas Fisheries
467
Institutional and Normative
501
Karin Arts and Joyeeta Gupta Climate Change and Hazardous Waste
519
Introductory Note by the Editors
555
An AsiaPacific
607
Wilbert T K Kaahwa Towards Sustainable Development in the East
631

Mar CampinsEritja and Joyeeta Gupta The Role of Sustainability
251
Paul de Waart Sustainable Development through a Socially
273
Eva Nieuwenhuys Global Development through International
295
Esther Kentin Sustainable Development in International Investment
309
Arjun Sengupta Implementing the Right to Development
341
Sueli Giorgetta The Right to a Healthy Environment
379
Shyami Puvimanasinghe Public Interest Litigation Human Rights
653
Maria Magdalena KenigWitkowska Sustainable Development in Polish
677
APPENDIX
699
INDEX
707
Copyright

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About the author (2004)

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.

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