International Economic Law, International Environmental Law and Sustainable Development: The Need for Complementarity and Equal Implementation

2019 ◽  
Vol 49 (1) ◽  
pp. 36-39 ◽  
Author(s):  
Joel Niyobuhungiro
2021 ◽  
pp. 324-328
Author(s):  
Marie-Claire Cordonier Segger

This final chapter briefly discusses the volume’s key findings, including that many trade and investment agreements contain provisions with potential to contribute to achieving the Sustainable Development Goals (SDGs). It discusses the implications of the findings for international economic law more broadly, recognizing that no one single measure can provide ‘the solution’ to all trade- and investment-related sustainable development challenges and that many different provisions may be needed throughout the treaty, addressing potential impacts as they arise. It also highlights areas for further development, particularly in terms of ‘process’ innovations, such as sustainability impact assessments (SIAs). Further, the chapter canvasses areas of need for further legal research, which may be needed to monitor and propose improvements in State attempts to address regulatory elements in SIA and other processes. Finally, this chapter highlights the contribution of the volume to promoting sustainable development in trade and investment policy, serving as a useful tool for more sustainable international economic law and policy-making in the future.


Author(s):  
Oleksandr Kharchuk

The article deals with the problem of the realization of the right to development in international economic law in the context ofthe development of international cooperation. The normative component of the right to development is considered. The relationshipbetween the right to development and the system of principles of international economic law is analyzed.The normative fixing of the elements of the right to development in international legal instruments is defined. The application ofthe right to development in the practice of international organizations is shown. The article also discusses the challenges of today’s sustainabledevelopment.Sustainable development is based on three main elements: environmental, economic and social equality. The right to developmentcan’t be imagined without the institutional mechanisms of international economic law. It is clear that the activities of institutional institutions at the global, regional and subregional levels contribute to the development of partnerships at the interstate level in order toachieve development. Cooperation of states at the institutional level influences the formation of the modern international economicorder. Implementing sustainable development at the national level is a difficult task due to the vagueness of national legislation, lackof funding and lack of adequate institutional capacity. An important element in exercising the right to development is the developmentof effective mechanisms for international cooperation. Transformations in this direction require coordination, mutual responsibility andaccountability, interest and efficiency. It is clear that the activities of international institutions at the global, regional and subregionallevels promote the development of partner relations at the interstate level in order to achieve development. Cooperation of states at theinstitutional level affects the formation of modern international economic order, accelerates the formation of important conceptual provisionsof a legal, economic and political nature and promotes global development. Transformation in this direction requires coordinationof action, mutual accountability and reporting, interest and effectiveness. The enhancement of transparency and accountability inthe use of development provides assistance in creation of effective and mutually beneficial partnerships in this area.


2018 ◽  
Vol 10 (11) ◽  
pp. 4022 ◽  
Author(s):  
Anna Aseeva

This article aims to contribute to the ongoing debate on post-capitalist economy by exploring the contours of a sustainability-oriented model of economic governance. To this end, the article analyzes the issues of sustainable development in the three main strands of international economic law (trade, investment, and finance) at national and transnational levels. The analysis reveals a policy interdependence between international economic law and sustainable development. The latter hence represents a specific regulatory construct that aims at compensating the losses of exhaustible resources with investments in technology and knowledge. This, however, merely justifies and legitimizes the over-exploitation of certain parts of the globe, including not only their natural resources, but also human and other capitals. To overcome these unsustainable models, the article proposes a paradigm shift away from the standard of sustainable development in international economic law, towards one of sustainability. The idea is to replace sustainable development with sustainable economy. Law can act as a trigger of such a shift through ensuring trust and cooperation between public institutions, private companies, civil society, local communities, and individual citizens.


2020 ◽  
Vol 24 ◽  
Author(s):  
Thabo Fiona Khumalo

ABSTRACT Sustainable development has been advocated by the developed world as a means to ensure that the most widely beneficial type of development occurs. This has resulted in a body of rules, which though well intended, does not adequately address the developmental needs of developing countries. It has become a source of tension between developing and developed countries. Developing countries fear that it can be used to frustrate their prospects of development. Hence the adoption of sustainable development provisions by African countries has largely been controversial. This article explores the concept of sustainable development and its level of acceptance in international economic law instruments involving African countries. This article argues that African countries should adopt a more intentional position with regards to sustainable development to ensure that each agreement creates an opportunity for economic transformation and sustainability. Key words: Sustainable development, international economic law, African agreements.


An introductory chapter to the book discussing the internationalization of small and medium-sized enterprises and the challenges posed by SMEs for international economic law. It discusses sustainable development in this context and the adjustments made by international economic law to cope with the internationalization of SMEs.


Author(s):  
Oleksandr Kharchuk

The article deals with the problem of the realization of the right to development in international economic law in the context ofthe development of international cooperation. The normative component of the right to development is considered. The relationshipbetween the right to development and the system of principles of international economic law is analyzed.The normative fixing of the elements of the right to development in international legal instruments is defined. The application ofthe right to development in the practice of international organizations is shown. The article also discusses the challenges of today’s sustainabledevelopment.Sustainable development is based on three main elements: environmental, economic and social equality. The right to developmentcan’t be imagined without the institutional mechanisms of international economic law. It is clear that the activities of institutional institutions at the global, regional and subregional levels contribute to the development of partnerships at the interstate level in order toachieve development. Cooperation of states at the institutional level influences the formation of the modern international economicorder. Implementing sustainable development at the national level is a difficult task due to the vagueness of national legislation, lackof funding and lack of adequate institutional capacity. An important element in exercising the right to development is the developmentof effective mechanisms for international cooperation. Transformations in this direction require coordination, mutual responsibility andaccountability, interest and efficiency. It is clear that the activities of international institutions at the global, regional and subregionallevels promote the development of partner relations at the interstate level in order to achieve development. Cooperation of states at theinstitutional level affects the formation of modern international economic order, accelerates the formation of important conceptual provisionsof a legal, economic and political nature and promotes global development. Transformation in this direction requires coordinationof action, mutual accountability and reporting, interest and effectiveness. The enhancement of transparency and accountability inthe use of development provides assistance in creation of effective and mutually beneficial partnerships in this area.


2021 ◽  
pp. 7-21
Author(s):  
Marie-Claire Cordonier Segger

This chapter begins by discussing the potential negative effects of trade on sustainable development, and the changes in the rules of trade and investment regimes that could lead to these negative impacts. It also discusses the rise of impact assessment processes, which States, regions and international organizations have begun to commission, to model and analyse the potential environmental and social/human rights impacts of trade and investment liberalization. It introduces the new generation of regional and bilateral trade and investment treaties being negotiated, and the need to evaluate how States are addressing sustainability concerns that emerge from impact assessments of these treaties. It also provides a working definition of ‘sustainable development’ and uncovers the circumstances and provisions under which international economic law levers are more likely to foster sustainable development, as well as the most effective interpretive weight for them. Finally, it highlights the utility of insights on international economic law and sustainability.


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