scholarly journals (Un)Sustainable Development(s) in International Economic Law: A Quest for Sustainability

2018 ◽  
Vol 10 (11) ◽  
pp. 4022 ◽  
Author(s):  
Anna Aseeva
Keyword(s):  
International Economic ◽  
Sustainable Development ◽  
Paradigm Shift ◽  
Public Institutions ◽  
Economic Governance ◽  
Ongoing Debate ◽  
Private Companies ◽  
Economic Law ◽  
International Economic Law ◽  
Over Exploitation

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.

A Future Agenda for Crafting ‘Athena’s Treaties’ on Trade and Investment for Sustainable Development

2021 ◽  
pp. 324-328
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
International Economic ◽  
Sustainable Development ◽  
Regulatory Elements ◽  
Single Measure ◽  
The Sustainable Development ◽  
Process Innovations ◽  
Economic Law ◽  
International Economic Law ◽  
Development Goals ◽  
Trade And Investment

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.

scholarly journals Economic component of the sustainable development concept

2020 ◽  
pp. 378-382
Author(s):  
Oleksandr Kharchuk
Keyword(s):  
International Economic ◽  
Sustainable Development ◽  
International Cooperation ◽  
National Level ◽  
International Economic Order ◽  
Development Cooperation ◽  
Economic Law ◽  
Right To Development ◽  
International Economic Law ◽  
The Right

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.

Sustainable development and international economic law in Africa

2020 ◽  
Vol 24 ◽  
Author(s):  
Thabo Fiona Khumalo
Keyword(s):  
International Economic ◽  
Sustainable Development ◽  
Developing Countries ◽  
Developed Countries ◽  
Economic Transformation ◽  
African Countries ◽  
Developmental Needs ◽  
Economic Law ◽  
International Economic Law ◽  
Developed World

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.

International Economic Law

2013 ◽  
Author(s):  
Asif Qureshi ◽  
Xuan Gao ◽  
Jeong Ah Lee
Keyword(s):  
International Economic ◽  
Economic System ◽  
International Development ◽  
Subject Matter ◽  
Economic Governance ◽  
Economic Relations ◽  
Economic Law ◽  
International Economic Law ◽  
International Economic Relations ◽  
The Subject

In general, international economic law (IEL) is concerned with the governance of international economic relations between states as they affect individuals in a state, including in particular their relations inter se across national boundaries. As such, the principal preoccupations of IEL involve international trade, international investment, international monetary and financial law, and international development law. A traditional drive for this normative framework has been the facilitation of the optimal allocation and use of national and international resources for the development of all the people of the world. Defining IEL is a complex process involving a bundle of questions that need to be understood at the outset before any firm definition is articulated. The process involves first and foremost the “is” question: What is IEL? This question involves a consideration of the legal sources of IEL, the subject matter that is the object of IEL disciplines, and the subjects that are subject to IEL. Second, the process involves the “ought” question: How should IEL be redefined? This can be in terms of its sources, its subjects, and subject matter, even in terms of its very objectives. Third, the process involves refocusing from a global perspective to a closer, microlevel scrutiny of the subject. At this level, the questions focus on defining the sets of regimes that make up the international economic system and configuring them in relation to each other and the international economic system as a whole, including the system of IEL in the wider international order. Fourth, another subtext of the process of defining IEL involves inquiring into how international economic governance should be allocated among the state, region, and multilateral levels. Finally, the process of defining IEL is a dynamic process and involves a constant appraisal of whether international economic relations are developing in such a manner that corresponding adjustments to the definition of IEL are called for. The process of defining IEL in this manner elevates the question from a mere academic discourse to one of the most profound inquiries in international economic relations, one that is highly relevant to informing our responses to contemporary international economic problems and that is ubiquitous in all manner of national, regional, and multilateral economic governance. The approach to IEL herein is from the perspective of public international law, with a focus on the traditional preoccupations with world trade, money and finance, investment and taxation, and international development law.

Introduction

2017 ◽  
Keyword(s):  
International Economic ◽  
Sustainable Development ◽  
Economic Law ◽  
International Economic Law

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.

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