Sustainable Development Principles in the Decisions of International Courts and Tribunals

Marie-Claire Cordonier Segger is Senior Director, Centre for International Sustainable Development Law; Full Professor of Law, University of Waterloo; Advisor and Fellow of C-EENRG and LCIL, University of Cambridge; and Rapporteur, ILA Committee on Sustainable Resources Management. She also served as IDLO Senior Legal Expert, as Senior Legal Advisor to the UNFCCC CoP22 Presidency and Ramsar Convention and as A/Director, Canadian Government. She has authored/edited 21 books and over 120 papers, and assisted the UN and over 70 countries in legal education and reform on sustainable development. H.E. Judge C. G. Weeramantry was former Vice-President of the International Court of Justice and Founder of the Weeramantry International Centre for Peace Education and Research. Over five decades as lawyer, legal educator, domestic judge, international judge, author and lecturer, the Judge pioneered international law on sustainable development. He was laureate of the UNESCO Peace Education Prize 2006 in recognition of his commitment and concrete undertakings in support of peace.

1. Introduction Marie-Claire Cordonier Segger and H.E. Judge C.G. Weeramantry Part I Evolution of international law and policy on sustainable development 2. Commitments to sustainable development through international law and policy Marie-Claire Cordonier Segger 3. Advancements in the principles of international law on sustainable development Introduced by Nico Schrijver 4. Achieving sustainable justice through international law H.E. Judge C.G. Weeramantry Part II Architecture of international dispute settlement related to sustainable development 5. A complex system of international courts and tribunals Cairo Robb and Alexandra Harrington 6. Sustainable development challenges in international dispute settlement Cairo Robb, Marie-Claire Cordonier Segger and Caroline Jo Part III Sustainable development principles in State-to-State dispute settlement mechanisms International Court of Justice 7. The Sofia Guiding Statements on sustainable development principles in the decisions of international tribunals Introduced by Duncan French 8. The principles of sustainable development in the case concerning Pulp Mills on the River Uruguay Dire Tladi 9. Sustainable development law principles in the Costa Rica v Nicaragua territorial disputes Jorge Cabrera Medaglia and Miguel Saldivia Olave 10. Sustainable development in the judgments of the International Court of Justice Marcel Szabó Permanent Court of Arbitration 11. Developing the judicial habit in nuanced ways through the Abyei-Sudan case Jennifer MacKay 12. The Iron Rhine case: on the right track to sustainable development? Freya Baetens International Tribunal for the Law of the Sea 13. The United Nations Convention on the Law of the Sea (LOSC) and sustainable development jurisprudence David Freestone and Freedom-Kai Phillips 14. The interpretation of sustainable development principles in ITLOS Aline Jaeckel and Timothy Stephens World Trade Organization dispute settlement mechanism 15. Disputes on sustainable development in the WTO regime Markus Gehring and Alexandre Genest 16. The principle of good governance in WTO disputes Jarrod Hepburn 17. The principle of integration in WTO/TRIPS jurisprudence Henning Grosse Ruse-Khan 18. Elaborating the common but differentiated responsibilities principle in the WTO Joyeeta Gupta and Nadia Sanchez Part IV Sustainable development in State-to-other dispute settlement mechanisms Human rights courts 19. The principles of sustainable development in the practice of UN human rights bodies Stephanie Safdi and Sébastien Jodoin 20. Sustainable development controversies in the African Commission on Human and Peoples’ Rights Hennie Strydom 21. Sustainable development priorities in the Inter-American Human Rights system Alexandra Keenan 22. Sustainable development principles in the European Court of Human Rights Armelle Gouritin Investor-State arbitral tribunals 23. The integration principle in ICSID awards Antony Crockett 24. The principle of public participation in ICSID arbitrations Avidan Kent 25. The principle of good governance in the reasoning of investor-State arbitral tribunals Jonathan Bonnitcha Regional courts and dispute settlement mechanisms 26. The principle of integration for sustainable development in European policy and jurisprudence Marie-Claire Cordonier Segger and Markus Gehring 27. The principles of integration and precaution in the European legal regimes Zsuzanna Horváth 28. The emergence of sustainable development jurisprudence in South Asia Sumudu Atapattu 29. Sustainable development principles in the Caribbean Court of Justice Danielle Turnquest Moulton and Stephanie Forte 30. Application of principles of sustainable development in the Mekong dispute settlement Phan Tuan Hung and Alexander Kenny Dispute Resolution Mechanisms in International Organizations 31. Sustainable development concerns at the Aarhus Convention Compliance Committee Andriy Andrusevych and Caroline Jo 32. Sustainable development priorities in World Bank Inspection Panel decisions Sabine Schlemmer-Schulte 33. Principles on sustainable development in the NAAEC Commission on Environmental Cooperation Dane Ratliff 34. Principles of inter-generational equity, public participation and good governance in the Inter-American Development Bank's oversight mechanism Alexandra Harrington and Valentina Duran Part V Conclusion 35. Judicial deliberations and progress on sustainable development Marie-Claire Cordonier Segger, Alexandra Harrington and Francesse Joy Cordon Afterword Kamal Hossain