Study of the human rights aspects of environment or development activity, human rights to a clean environment, the right to development, access to information, technology and justice, international debt, and child labour laws as they affect sustainable development.

International legal processes of interest might include the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, regional human rights regimes, and the International Labour Organisation conventions.

Trans-systemic Analysis of Property Rights over Land and Water

The CISDL is a member of the United Nations Development Programme’s community of practice on land tenure and water rights in Africa. In 2003, in partnership with the African Centre for Technology and Science (ACTS), CISDL produced a legal challenge paper based on a series of case studies of Land Tenure, Land Reform & Desertification for UNDP, which led to an UNDP - CISDL – ACTS experts panel event at the UN Convention to Combat Desertification COP 6 in Havana, Cuba. The second phase of this work takes a trans-systemic legal pluralist perspective, and examines how customary land and water rights mix with new property tenure regimes established during ‘legal modernisation’ efforts in civil and common law countries. A paper on these issues was developed by a team of CISDL research group members, with advice from CISDL Research Fellows, and presented at the United Nations Commission on Sustainable Development in 2004, it was later published in Sustainable Justice (Martinus Nijhoff, 2004). The CISDL took on a new project in 2005 for the CIDA Environmental Policy Unit to scope the potential for a series of manuals on domestic implementation of sustainable development law. The scoping study report recommended the development of a new manual on desertification, and a second manual on access to water, for regulators in developing countries, and CISDL is seeking to confirm funds for this with CIDA. In addition, the paper on the water tenure regimes and access to water is being included in a manual on water rights to be published by the IDLO, based in Rome which is one of the partner organizations of CISDL.  This manual is being developed with the objective of training personnel working on the ground.

International Debt Legitimacy Project

CISDL prepared a legal memorandum on the preliminary procedural and structural considerations for a proposed Iraq debt tribunal, currently posted by the Jubilee Iraq organization. A working paper on the Doctrine of Odious (Illegitimate) Debts has been circulated internationally, and is used as the principal articulation of the doctrine which various social movements wish to apply in the effort to cancel certain portions of Iraqi debt, which has recently been the subject of a resolution by the Iraqi National Assembly.  This research is aimed toward a new book which will be submitted for publication by Cambridge University Press.

For more information, please see www.cisdl.org/debtlegitimacy

Conflict and Sustainable Livelihoods Paper

A legal research paper on Conflict Prevention, Sustainable Livelihoods & Reform of Legal and Judicial Institutions, was developed in 2003 for the CIDA Social Policy Unit. This has led to a publication of a chapter in Sustainable Justice: Reconciling Economic, Social and Environmental Law (Martinus Nijhoff, 2004).

Right to Development v. Sustainable Development

The right to development was proclaimed by the UN General Assembly as an inalienable right in 1986.  Since then much work has been done by the UN to promote this “right” including the appointment of a Special Rapporteur on the Right to Development as well as a working group.  Unfortunately, however, the discourse on the right to development has not taken account of the discourse on sustainable development.  This initial concept paper which will be developed later into a book chapter or an article will trace the evolution of these two discourses in order to ascertain to what extent they are compatible and should be reconciled.  This book chapter or article will also discuss the present efforts in the UN in relation to poverty eradication.

Poverty and the Right to Food

The issue of right to food has received increasing attention in the UN lately.  Since it is closely related to the issue of poverty as well as food security, it is proposed to discuss the right to food within a broad framework of sustainable development.  Again, an initial concept paper or legal brief would discuss the present debate surrounding the right to food and to what extent these promote the ultimate goal of poverty eradication and sustainable development.  This will be developed later into a book chapter or an article.

Sustainable Development and Conflict

This project will look at environmental refugees, with a case study of climate change. There is an increasing tendency for international lawyers, environmentalists and political scientists to look at the link between environmental degradation and the escalation of conflict.  It has been noted that sustainable development can be undermined as a result of conflict as well as unsustainable development can lead to conflict.  The issue of environmental refugees is posing a direct threat to international stability and security which will be exacerbated by climate change.  This concept paper will be written with the Lead Counsel on Climate Change and will be later developed into a book chapter or article.  Climate change has the potential to undermine many human rights protected by international law.  This paper will address these issues while the main focus will be on the emerging phenomenon of environmental refugees.  It will also address the issue of current international law governing “refugees” and whether the present legal framework will have to be broadened to encompass the new category of environmental refugees.

Selected Journal Articles

S. Atapattu, “Sustainable Development and Terrorism: International Linkages and a Case Study of Sri Lanka” in William and Mary Environmental Law Review (Spring 2006, forthcoming).

S. Atapattu, “Sustainable Development, Environmental Protection and Human Rights: A Necessary Linkage?” Paper presented to the Annual Conference of the Canadian Council on International Law, to be published in the CCIL 2005 Conference Proceedings (forthcoming).

Selected Legal Briefs & Working Papers

A. Khalfan, J. King and B. Thomas, ‘Advancing the Odious Debts Doctrine’ (Montreal, CISDL, 2003).

“The Principle of Integration and Interrelationship, In Particular In Relation To Human Rights and Social, Economic and Environmental Objectives: Recent Developments in International Law Related to Sustainable Development,” Carinne Hébert-Sabourin & Sébastien Jodoin, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

“The Principle of Equity and the Eradication of Poverty: Recent Developments in International Law Related to Sustainable Development,” J. Hepburn, reviewed by A. Khalfan, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005).

Dr. Peggy J. Blair, "Book Note," Commercial Law and Human Rights edited by Stephen Bottomley and David Kinley, ( Burlington, VT: Ashgate, 2001) in Human Rights and Human Welfare: An International Review of Books and Other Publications, University of Denver, March, 2005 http://www.du.edu/gsis/hrhw/booknotes/index.html