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Important View of Emerging Transnational law May 11, 2005
Sustainable Justice: Reconciling Economic, Social And Environmental Law edited by Marie-Claire Cordonier Segger, C.G. Weeramantry (Martinus Nijhoff: Brill Academic) is based on a collection of essays and on the conference papers from Sustainable Justice 2002, which CISDL hosted in partnership with the McGill Law Faculty, the UNEP, the World Bank and the International Law Association, from June 14 - 16, 2002 in Montreal, Canada, prior to the 2002 World Summit on Sustainable Development in Johannesburg, South Africa. This book offers a cutting-edge scholarly discussion of judicial and legal methods to reconcile national and international economic, social and environmental law for sustainable development. A diverse anthology of perspectives from developed and developing countries, the book contains contributions from judges, international lawyers and other experts with a wealth of experience in the emerging field of sustainable development law. It presents negotiators, scholars and jurists with a lively, thought-provoking and highly current discussion of international legal debates related to sustainable development. The final part discusses future developments in sustainable development law, based on the results of three recent international processes. Sustainable Justice weaves a diverse and intriguing collection, reflecting a vigorous yet practical international legal debate of crucial importance to our common future. Table of Contents: Preface by Harold Hongju Koh, Table of Contents, List of Editors, Contributors and Researchers, Table of Treaties and Declarations, Table of Cases, List of Abbreviations, 1. Introduction to Sustainable Justice, Marie-Claire Cordonier Segger & C.G. Weeramantry, Part I: Sustainable Development in International and National Courts and Tribunals, 2. Achieving Sustainable Justice through International Law, Judge C. G. Weeramantry, Sri Lanka, 3. Fraternity: A Global Value Underlying Sustainable Development, Justice C. Gonthier, Canada, 4. The Doctrine of Sustainable Development, Justice U.C. Banerjee, India, 5. Enforcing Socio-Economic Rights, Justice A. Sachs, South Africa, 6. Human Rights in the Context of Sustainable Development, Justice N. J. McNally, Zimbabwe, Part II: Integrating Economic, Social and Environmental Law in International Law and Policy, i) Social and Environmental Elements of Economic Law, 7. Sustainable Development and Trade Law: Overview of Key Issues, Matthew Stillwell, 8. Sustainable Competition Law, Markus W. Gehring, 9. Corporate Social Responsibility: International Strategies and Regimes, Micheal Kerr & Marie-Claire Cordonier Segger, ii) Sustainable Management of Land and Water, 10. Challenges for Sustainable Development Law on Desertification, Hama Arba Diallo, 11. Land Tenure Reform in the Drylands: Hopes and Challenges, Marie-Claire Cordonier Segger, Chris Huggins & George Sikoyo, 12. Water Tenure Reform and Public Access to Water as a Basic Need, Sumudu Atapattu, iii) Social and Economic Elements of Biodiversity Law, 13. Global Access, Local Benefits: An International Regime?, Jorge Cabrera & Kathryn Garforth, 14. The Seed Treaty and Equitable Benefit Sharing, Mary E. Footer & Emmanuel Opuku Awuku, 15. When Biosafety Becomes Binding: The Cartagena Protocol, Kathryn Garforth, iv) Social and Economic Elements of Climate Change Law, 16. Climate Change Law: Narrowing the Focus, Broadening the Debate, Duncan French, 17. Counting Credits: Emissions Reduction Registries, Markus W. Gehring, 18. Developing Global Climate Regimes, Xueman Wang, v) Human Rights, Development and Poverty Eradication, 19. International Human Rights Law and Poverty Eradication, Sumudu Atapattu, 20. International Human Rights Law and Levels of Financing for Development, Ashfaq Khalfan, 21. Social Protest against Privatization of Water, Bronwen Morga, vi) Health Law and Sustainable Development, 22. Sustainable Development and the Right to Health, Sumudu Atapattu , 23. The Tobacco Convention: When the WHO Meets the WTO, Maya Prabhu & Sumudu Atapattu, 24. Health Care: Expanding the Discourse on Ethics and Health, Solly R. Benatar, Part III: Implementation of Sustainable Development Law, i) Participation, Transparency and Access to Justice, 25. The Aarhus Convention: Promoting Environmental Democracy, Jeremy Wates, 26. Public Participation in Americas Trade and Environment Regimes, Marie-Claire Cordonier Segger & Jorge Cabrera, 27. Good Water Governance, Karin Krchnak, ii) Financing Sustainable Development, 28. Financing Sustainable Development in the World Bank, Ko-Yung Tung, 29. A Rights-Based Approach to International Financial Institutions, Jorge Daniel Taillant, 30. Sustainable Livelihoods, Judicial Reform & Development Financing, Ashfaq Khalfan, iii) Compliance and Dispute Settlement, 31. Dispute Resolution through the International Court of Environmental Arbitration and Conciliation, Xabier Ezeizabarrena, 32. Sustainable Development in the Court of the Inter-American Human Rights System, Romina Picolotti & Marie-Claire Cordonier Segger, Part IV: Future Directions for Sustainable Development Law, 33. The New Delhi Declaration: Principles of International Law Related to Sustainable Development, ,Commentary by Nico Schrijver, 34. Governing and Reconciling Economic, Social and Environmental Regimes, Marie-Claire Cordonier Segger , 35. The International Jurists Mandate for the Implementation of Sustainable Development Law, Conclusions from the CISDL, UNEP, World Bank & ILA Conference Sustainable Justice 2002: Implementing International Sustainable Development Law in Montreal, Canada, June 14-16, 2002., Recommended Resources, Acknowledgements, About the CISDL. Sustainable Justice: Reconciling Economic, Social and Environmental Law, the book, was possible due to the efforts of many people. In particular, the editors owe great thanks to the speakers, chairs and participants at the 2002 Sustainable Justice Conference in Montreal in 2002. They also owe thanks to the many sponsors and contributors to this conference. They also wish to acknowledge the particular work of several dedicated McGill law students, both Audrey DeMarsico and Michelle Toering, and also Sarita Keirouz and Jessica Adley, as well as Chris Petit of the WICPER in Sri Lanka, who worked hard on the conference papers and on the book. An Academic Workshop was held at the Oxford University Faculty of Law on June 02, with keynote Hon. Charles Gonthier, Wainwright Senior Research Fellow at the McGill Faculty of Law and former Justice of the Supreme Court of Canada, and discussants Richard Tarasofsky of the Royal Institute for International Affairs Sustainable Development Programme, and Dr. Bronwen Morgan of the Oxford Centre for Socio-Legal Studies [Academic Workshop programme], and thanks are owed to all participants at this workshop whose ideas strengthened the content and approach of this new book.