Edited by Duncan French
Organized in a three-part structure, Global Justice and Sustainable Development revisits some of the basic assumptions on which the general principles are built, considers the implications for differing aspects of international law, and focuses on national and regional approaches.
In February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its Advisory Opinion in Responsibilities and Obligations of States Sponsoring Persons and Entities with respect to Activities in the Area. Although primarily focused on governance of the deep seabed beyond national jurisdiction (‘the Area’), the Opinion has wider relevance for both international environmental law and general international law. More specifically, although sustainable development is not directly referenced in the Opinion, this article argues that it goes a long way towards strengthening many of the emerging normative rules associated with it. Using the International Law Association’s 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development as a framework, this article specifically analyses the Advisory Opinion’s contribution to the sustainable use of natural resources, the precautionary approach, common but differentiated responsibilities, and the principle of good governance.
Calls for, and arguments around, fairness and justice are an essential element of international law; more so in certain areas – environment and natural resources, development – than in others, namely, the structural design of the discipline, State responsibility, formation of custom and acquisition of territory. The article thus considers the question whether there is an obligation of fair entitlement in international law, with particular reference to various matters of territory. With reflections on the discrete questions of territorial loss through sea-level rise and the role of equity in maritime delimitation, the article considers the role of fairness and justice in international law. The article concludes nevertheless that though fairness is an important and emotive value to strive for within legal and political discourse, it can become a dangerous entitlement when it trumps or usurps established rules of international law.
Edited by Malgosia Fitzmaurice and Duncan French
Contributors are: Michael Bowman, Edward J. Goodwin, Peter G.G. Davies, Feja Lesniewska and Philippe Cullet