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The 2002 World Summit on Sustainable Development The 2002 World Summit for Sustainable Development, in Johannesburg, South Africa, mandated the United Nations Commission on Sustainable Development to “[t]ake into account significant legal developments in the field of sustainable development, with due regard to the role of relevant intergovernmental bodies in promoting the implementation of Agenda 21 relating to international legal instruments and mechanisms.” [WSSD Website] Sustainable Justice: Implementing International Sustainable Development Law Just prior to the World Summit, representatives of intergovernmental bodies, academic institutions and members of the legal profession met in an international conference, Sustainable Justice 2002: Implementing International Sustainable Development Law, to evaluate progress in the ten years since the 1992 Rio Earth Summit. They identified an urgent need for focused legal research and capacity building, to support and strengthen the rule of law in the area of sustainable development. They agreed that this work must supported by timely, relevant materials, which can help judges, lawyers and non-lawyers to implement international social, economic and environmental law in an integrated, innovative manner on all levels. [Sustainable Justice Conference Report] The International Law for Sustainable Development (ILSD) Partnership The International Law for Sustainable Development (ILSD) Partnership initiativeis a collaboration, chaired by the CISDL, between the International Development Law Organisation (Rome), and the International Law Association Committee on International Law on Sustainable Development (London), under the auspices of the United Nations Environment Programme, the United Nations Development Programme, and the World Bank. The Partnership focuses on developing, through a participatory process, innovative analytical and capacity building materials, and making them available through partnerships, new technologies and a dynamic knowledge network of sustainable development lawyers. The International Law for Sustainable Development initiative is recognized as a Type II Partnership Project by the United Nations. The Partnership focuses on significant legal developments in the field sustainable development. It is a collaboration based on international legal research, education, advice and practice. The Goal is to strengthen sustainable development governance and lay the foundations for implementation of international law for sustainable development. The partnership facilitates scholarship on, access to, and compliance with coherent and integrated international law on sustainable development, especially in the fields of economic, social and environmental law. This initiative is geared to lawyers, law professors and students, judiciaries, and to non-lawyers, from developed and developing countries. The Objectives are to: - Facilitate Legal Capacity Building and Expert Dialogue: Undertake capacity building and host dialogues on emerging and current issues, instruments and mechanisms, tracking significant legal developments in the field of sustainable development. - Provide Access to Legal Information and Research: Develop a user-friendly web-based legal resource centre and network of inquiry to assess, exchange information and experiences, and promote the implementation of international law for sustainable development. The International Law on Sustainable Development Partnership was launched in 2002 at the World Summit for Sustainable Development in South Africa. Its first phase runs from 2002 to 2007. Recent results of the work of the Partnership include: 1) A New Series of Legal Working Papers on Principles of International Law Related to Sustainable Development The CISDL, with support from the Government of Canada and other contributors, recently released a series of seven legal working papers which investigate and debate the normative status of potential emerging principles of international law in the field of sustainable development. Leading young researchers from around the world have prepared draft papers for review by legal specialists, experts and members of the public. These papers focus on the seven principles of international law related to sustainable development that were identified after a 10 year study by the International Law Association Committee on the Legal Aspects of Sustainable Development. Each Legal Working Paper discusses: 1. What is the 'ordinary meaning' of each principle? 2. How has each principle come to be defined in international law (if at all)? 3. Which international economic, social and environmental treaties invoke this principle, and in which contexts? 4. Are there any judgements, in international courts or tribunals which have invoked this principle, and how was it used? Has the principle been invoked in international organisations, especially human rights, economic or environmental organisations, and if so, to what effect? 6. Based on this review, what is, in the researchers’ considered opinion on the status of this principle in international law? [Download Integration Principle PDF] [Download Sustainable Use of Natural Resources Principle Paper PDF] “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). [Download Equity and Poverty Eradication Principle Paper PDF] “The Principle of Common but Differentiated Responsibilities: Recent Developments in International Law Related to Sustainable Development,” I. Ahmad, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005). [Download Common but Differentiated Responsibilities Paper PDF] “The Principle of the Precautionary Approach to Human Health, Natural Resources and Ecosystems: Recent Developments in International Law Related to Sustainable Development,” J. Hepburn, reviewed by M.W. Gehring & M.C. Cordonier Segger, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005). “The Principle of Public Participation and Access to Information and Justice: Recent Developments in International Law Related to Sustainable Development,” A. M. Loong, reviewed by M.C. Cordonier Segger, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005). [Download Principle of Public Participation Paper PDF] “The Principle of Good Governance: Recent Developments in International Law Related to Sustainable Development,” N. Chowdhury, Working Paper for Foreign Affairs Canada (Montreal: CISDL, 2005). [Download Good Governance Principle Paper PDF]
These Legal Working Papers present only initial discoveries and ideas, in the interest of stimulating a broader juridical and public debate over a six month period. The CISDL welcomes comments on each paper, which can be sent to the CISDL Manager and coordinator of this project [sjodoin@cisdl.org], between April, 2005 – October, 2005. 2) Legal Working Papers and Legal Briefs on Emerging International Law Instruments and Mechanisms in the Field of Sustainable Development Since its launch in 2002, with support from the Government of Canada and other contributors, the Partnership has developed many legal working papers and briefs on new and emerging international legal instruments and mechanisms in the field of sustainable development. The resources materials focus on the design, implementation and monitoring of new legal instruments and mechanisms to effectively address inter-linked environmental, economic and social challenges related to biosafety, access and benefit sharing of genetic resources, climate change, desertification, economic, social and cultural rights, trade, competition and investment, health, corporate social responsibility, and natural resources. [Download ILSD Recommended Resources 2005 PDF] 3) International Law and Policy Dialogues Among International Economic, Environmental and Human Rights Treaty Communities In 2004 – 2005, 16 international partnership events and consultation sessions were held, in collaboration with Canadian High Commissions and Embassies, and the Canadian Delegations to diverse international negotiations. These included international events on sustainable development law in Montreal, Oxford, Nairobi and Geneva, an experts panel on the legal aspects of corporate social responsibility in Montreal, two official side events and a series of consultations on legal aspects of sustainable use of biodiversity (ABS / biosafety) in Bangkok, consultations on plant genetic resources in Rome, as well as consultations and an experts panel event on legal aspects of Kyoto Protocol implementation and climate change law in Montreal and Buenos Aires. These events allowed negotiators, officials and legal practitioners from economic, social and environment fields to further develop the linkages between their work in an innovative manner. [News Page] 4) Outlines for Three New Capacity Building Manuals on Sustainable Development Law In 2004 – 2005, the Partners undertook to develop outlines detailing the scope, objectives, partners and audience for a new series of sustainable development law capacity-building manuals in the fields of water management, desertification/land reform and climate change. Each manual will start with a hypothetical case that might be faced by a law-maker or regulator, followed by a description of the applicable legal principles, with examples (or "pop-out" boxes) of actual situations where such principles have been used by developing country laws and tribunals. Then, each manual will provide practical, down-to-earth explanations of the most relevant international treaties in the area; a few focus questions for use by a regulator to assess the state of the regulatory regime concerning this issue in his or her own country; and illustrative examples of well-drafted, effective national laws from different legal traditions and bio-geo-climatic conditions. Each manual will also provide a review of innovative compliance, monitoring and alternative dispute settlement techniques that are currently being used by developing countries to ensure the implementation of sustainable development law, again with practical examples and case studies. Glossaries, case examples and exercises will be provided as appendices, along with a section on recommended resources. [Download Outlines of Manuals & Scoping Study Report PDF].
5) New Legal Textbooks, Anthologies and Law Journal Articles * D. French, International Law and Policy of Sustainable Development (New York/ Manchester: Manchester University Press/ Juris Publishing, 2005) 6) Two New Seminar Series on Globalization and Sustainable Development Law Issues As part of the ILSD Partnership, a series of seminars on Sustainable Development Law and Policy is being held at the McGill University Faculty of Law (3660 Peel St. Montreal, Quebec, Canada). In 2004 – 2005, the seminars were attended by over 300 students, scholars and professors, as well as practicing lawyers, government officials and non-governmental organisation leaders, from Montreal, Ottawa and Toronto. A series of seminars on Globalisation and Sustainable Development Law was also held at the Oxford University Faculty of Law (Merton College, Oxford, United Kingdom). In 2004 – 2005, sixteen seminars, held in Michealmas, Hilary and Trinity terms, were attended by over 140 students, scholars and professors, as well as practicing lawyers, government officials and non-governmental organisation leaders. Sustainable Development Law Capacity Building, Courses and Advice The ILSD Partnership continues to deliver, on an ongoing basis based on requests from international organizations, jurists, universities and national governments, capacity-building services, courses and advice for legal professionals, the judiciary and community activists, as well as non-lawyers. The CISDL focuses on the intersections of economic, environmental and social development law. Specialities include:
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