Sustainable Development before International Courts and Tribunals: Duty to Cooperate and States’ Good Faith

Author(s):  
Kazuki Hagiwara
Author(s):  
Markus Krajewski

This chapter assesses and analyses elements of due diligence in existing international trade agreements. It highlights due diligence obligations in this field, such as obligations to cooperate, to negotiate in good faith, or to notify about measures which could be harmful to other countries. The chapter also discusses elements applicable to the negotiation and implementation of trade agreements, especially with regard to the requirements of human rights and sustainable development impact assessments. The chapter argues that, even though due diligence is not a term of art in international trade law, it could be seen as a cornerstone of the international trade regime.


2021 ◽  
Vol 8 (2) ◽  
pp. 183-199
Author(s):  
Atul Alexander ◽  
Anushna Mishra

Man’s ruthless exploitation of natural resources means that we are housed in a resource-deprived world. The tug of war for meager resources has led to many conflicts between States that we witness today. At the heart of the whole debate on resource crunch is the issue of shared natural resources between States. International law has formulated several legal instruments to govern the shared transboundary resources, laws on transboundary aquifers being one. The objective of this paper is to unlock the general principles of international law that regulate the transboundary aquifers. In this regard, the paper has been apportioned into three sections. The first section sets the tone by detailing the provisions of the 2008 Draft Articles on the Transboundary Aquifers dealing with general principles. The second segment of the paper lays down the cardinal principles regulating transboundary aquifers, which range from sustainable development to the principle of good faith. The final portion delves into the Israel-Palestine dispute and the India-Pakistan Indus Waters Treaty in the context of transboundary aquifers.


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