Part III Conceptual Pillars, Ch.17 Sustainable Development

2021 ◽  
Author(s):  
Viñuales Jorge E
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Environmental Crisis ◽  
Policy Response ◽  
Ethical Dimension ◽  
Legal Practice ◽  
Main Concept ◽  
Practical Operation ◽  
The World ◽  
History Of

This chapter focuses on sustainable development, which is the main concept underpinning the policy response to the environmental crisis the world faces. It examines the concept of sustainable development specifically from the perspective of international law. The chapter investigates three main aspects: (1) the conceptual history of sustainable development; (2) the legal meaning attached to this concept; and, on the basis of these two aspects, also (3) the nature, functions, and practical operation of sustainable development in international legal practice. One major challenge that must be overcome when writing about sustainable development is the conceptual fog coating a large part of the work in this area. This is partly due to the deliberate vagueness of the concept, which lends itself to far too many (mis-)interpretations. To navigate this difficulty, one must strike a balance among three competing considerations, namely the conceptual aspects of sustainable development, the actual practice in the use of this concept, and its inherent ethical dimension.

scholarly journals Is Development a Lost Paradise? Trade, Environment, and Development: A Triadic Dream of International Law

2007 ◽  
Author(s):  
Upendra D. Acharya
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
Developing Nations ◽  
Environmental Concerns ◽  
Right To Development ◽  
The World ◽  
History Of ◽  
Environment And Development ◽  
The Right ◽  
Developed Nations

After providing a brief background on international law, the history of the right to development is discussed. International law, as it exists today, has been abused by developed nations in their position of power over underdeveloped nations. The right to development, first formalized by the United Nations in 1986 with the Declaration on the Right to Development, was meant to give people of the developing world a right to development. However, the right to development has been supplanted by the concept of sustainable development, as orchestrated by the developed nations. It was hopeful that organizations like the World Trade Organization would implement the right to development through trade; however, these organizations have become merely a tool for the developed nations and associated corporations to continue their dominance over developing nations. Environmental concerns in recent times have shifted the international focus from the right to development to sustainable development, and the right to development has been overlooked. A legal right to development must be recognized before sustainable development can be applied as a tool to benefit underdeveloped nations through environmental and trade-related policy.

JAK LUDOBÓJSTWO ZOSTAŁO UZNANE ZA ZBRODNIĘ – DZIEDZICTWO RAFAŁA LEMKINA

2016 ◽  
Vol 10 (2) ◽  
pp. 69-85 ◽  
Author(s):  
Sam MCFARLAND ◽  
Katarzyna HAMER
Keyword(s):  
International Law ◽  
War Crimes ◽  
Genocide Convention ◽  
Entire Life ◽  
War Crimes Trials ◽  
Criminal Charge ◽  
Short Biography ◽  
The World ◽  
Real Change ◽  
History Of

Raphael Lemkin is hardly known to a Polish audiences. One of the most honored Poles of theXX century, forever revered in the history of human rights, nominated six times for the Nobel PeacePrize, Lemkin sacrificed his entire life to make a real change in the world: the creation of the term“genocide” and making it a crime under international law. How long was his struggle to establishwhat we now take as obvious, what we now take for granted?This paper offers his short biography, showing his long road from realizing that the killing oneperson was considered a murder but that under international law in 1930s the killing a million wasnot. Through coining the term “genocide” in 1944, he helped make genocide a criminal charge atthe Nuremburg war crimes trials of Nazi leaders in late 1945, although there the crime of genocidedid not cover killing whole tribes when committed on inhabitants of the same country nor when notduring war. He next lobbied the new United Nations to adopt a resolution that genocide is a crimeunder international law, which it adopted on 11 December, 1946. Although not a U.N. delegate – hewas “Totally Unofficial,” the title of his autobiography – Lemkin then led the U.N. in creating theConvention for the Prevention and Punishment of the Crime of Genocide, adopted 9 December, 1948.Until his death in 1958, Lemkin lobbied tirelessly to get other U.N. states to ratify the Convention.His legacy is that, as of 2015, 147 U.N. states have done so, 46 still on hold. His tomb inscriptionreads simply, “Dr. Raphael Lemkin (1900–1959), Father of the Genocide Convention”. Without himthe world as we know it, would not be possible.

scholarly journals A managerial approach for the coherent development of sustainable development law

2018 ◽  
Vol 17 (2) ◽  
pp. 83-99
Author(s):  
Stephanie De Moerloose ◽  
Makane Moïse Mbengue
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
World Bank ◽  
Integrated Development ◽  
Multilateral Development Banks ◽  
Law System ◽  
The World Bank ◽  
The World ◽  
Development Banks ◽  
European Investment

While judicial bodies have proliferated in the last fifty years in a process that has been deemed “quasi-anarchic” (Guillaume, G., 2000) creating a risk of inconsistency in their decisions which would endanger the international law system, quasi-judicial bodies such as Multilateral Development Banks' accountability mechanisms are not spared by this legal phenomenon. They have diverse proceedings and jurisdictions, operate with different sets of environmental and social safeguards, but may confront similar factual scenarios, especially in the case of co-financing. The recent Kenya Electricity Expansion Project presented before the World Bank and the European Investment Bank’s accountability mechanisms illustrates that, through a managerial approach, potentially conflicting findings can be avoided. This paper aims to show that quasi-judicial bodies can constitute a source of inspiration for the integrated development of international law.

THE WORLD COMMUNITY CONSOLIDATION FOR COMBATTING WITH POVERTY

2018 ◽  
Vol 1 (1) ◽  
pp. 95-104
Author(s):  
Ильмира Минигулова
Keyword(s):  
Sustainable Development ◽  
International Law ◽  
International Community ◽  
Practical Implementation ◽  
World Community ◽  
Modern Age ◽  
The World ◽  
Global Problems ◽  
Migration Crisis

Global problems of modern age make deep problems for the formation of socio-economic and political-legal stability in modern states. The most complex is poverty that provokes the new problems, such as the migration crisis. The international community follows the fundamental principles and norms of international law, tries to wipe out poverty, the practical implementation of this activity is reflected in the Concept of Sustainable Development.

Part III Regimes and Doctrines, Ch.35 Theorizing Free Trade

2016 ◽  
Author(s):  
Orford Anne
Keyword(s):  
Eighteenth Century ◽  
International Law ◽  
Free Trade ◽  
Trade Agreements ◽  
The Social ◽  
Political Struggles ◽  
The World ◽  
History Of ◽  
Market Distortion ◽  
Historical Trajectory

This chapter re-examines the history of free trade and its relationship to international law. It locates contemporary trade agreements within a larger story about the relation between the state, the market, and the social; explores why it is useful to place current trade agreements within a longer historical trajectory; offers a brief narrative of how the concept of free trade has moved across a two-hundred-year period since the late eighteenth century; and concludes that concepts such as free trade (and related concepts such as discrimination, market distortion, protection, and subsidies) are the product of political struggles over particular ways of understanding the world, justifying entitlements to resources, explaining why some people should profit from the labour of others, and legitimizing the exercise of power.

The Law of Nations in Global History

2017 ◽  
Author(s):  
C. H. Alexandrowicz
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Global History ◽  
Law Of Nations ◽  
The World ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Regional Histories ◽  
International Rule

In recent years there has been a growing awareness of the need to write a global history of law of nations that disengages from parochial national and regional histories. It is hoped that these developments will bring centre-stage the work of Charles Henry Alexandrowicz (1902–75), a scholar who was among the first to conceptualize the history of international law as that of intersecting histories of different regions of the world. Alexandrowicz was aware that, while the idea of writing a global history of law of nations is liberating, there is no guarantee that it will not become the handmaiden of contemporary and future imperial projects. What were needed were critical global histories that provincialize established Eurocentric historiographies and read them alongside other regional histories. This book aims to make Alexandrowicz’s writings more widely available and read. The Introduction to this book sums up the context, issues, problems, and questions that engaged Alexandrowicz, as well as some of his central theses. His writings are a gold mine waiting to be explored. Alexandrowicz contributed to the effort of promoting the idea of international rule of law by rejecting a Eurocentric history and theory of international law.

IYPT and The Mother of All Tables

2019 ◽  
Vol 41 (4) ◽  
pp. 60-62 ◽  
Author(s):  
Daniel Rabinovich
Keyword(s):  
Sustainable Development ◽  
Science Education ◽  
United Nations ◽  
Basic Sciences ◽  
History Of Chemistry ◽  
Societal Benefits ◽  
Postage Stamps ◽  
The World ◽  
History Of ◽  
Rare Opportunity

Abstract A few years ago, the International Year of Chemistry (2011) was celebrated throughout the world with the organization of thematic conferences and symposia, special activities for children, the publication of a myriad of articles and reviews, and, of course, the release of postage stamps by many countries. Likewise, the International Year of the Periodic Table (IYPT) presents now another rare opportunity to relate the history of chemistry and showcase its societal benefits to a worldwide audience. As originally proclaimed by the United Nations and UNESCO, the IYPT also offers an incentive to promote international cooperation in the basic sciences for sustainable development and science education.

The West and the Tropics of Area Studies

2016 ◽  
Vol 2 (1-2) ◽  
pp. 19-31
Author(s):  
Naoki Sakai
Keyword(s):  
Latin America ◽  
International Law ◽  
Geographic Location ◽  
Colonial Power ◽  
The West ◽  
Area Studies ◽  
The World ◽  
History Of ◽  
The Tropics

Both Asia and Latin America are regarded as areas in the disciplines of area studies. What must be called into question is the assumption that these areas are primarily geographic designations. This paper investigates in what sense the “area” of area studies connotes a geographic location and how it is differentiated from other terms such as territory. It discusses the history of the modern international world in which the world has been bifurcated into the West, where a system of international law has been applied, and the Rest, where residents have not been protected by international law. Both Asia and Latin America are designations that preserve the legacy of modern colonialism: both are geographic indices for the regions and populations to be “discovered” and posited from the viewpoint of the West. In this respect, Asia and Latin America as “areas” still preserve the microphysics of modern colonial power in their geopolitical referentiality.

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