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Sustainable Justice

Reconciling Economic, Social and Environmental Law

Edited by Marie-Claire Cordonier Segger and C.G. Weeramantry

This book offers a cutting-edge scholarly discussion of judicial and legal methods to reconcile national and international economic, social and environmental law for sustainable development. A diverse anthology of perspectives from developed and developing countries, the book contains contributions from judges, international lawyers and other experts with a wealth of experience in the emerging field of sustainable development law.
It presents negotiators, scholars and jurists with a lively, thought-provoking and highly current discussion of international legal debates related to sustainable development.
The final part discusses future developments in sustainable development law, based on the results of three recent international processes. Sustainable Justice weaves a diverse and intriguing collection, reflecting a vigorous yet practical international legal debate of crucial importance to our common future.

Marie-Claire Cordonier Segger, Peter Holmgren and D. Andrew Wardell

This article examines innovative ways to promote investment and financing of sustainable landscape initiatives in international law. It argues that increased flows of investment and finance for sustainable landscapes must be guided by a clear and comprehensive legal framework; better and more appropriate knowledge and technologies; more informed decision-making; and improved governance at all levels.

The article considers concerns and opportunities to support the financing of sustainable forestry and land-use programs, especially in developing countries. It reviews the key contributions of international investment instruments to sustainability landscapes financing, in light of recent decisions concerning International Investment Agreements (iias) by arbitral panels convened to hear disputes under the rules of the International Centre for Settlement of Investment Disputes (icsid) or the United Nations Commission on International Trade Law (uncitral). It then proposes innovative ways that investment and financing rules might foster more effective implementation of innovative financing instruments, such as Landscape Funds in developing countries.

Markus Gehring, Sean Stephenson and Marie-Claire Cordonier Segger

Sustainability impact assessments (SIAs) act as bridges between trade and investment agreements and social, environmental and human considerations. They are relevant as inputs into the treaty negotiation process and as interpretive aids in investment treaty arbitration. As inputs, SIAs attempt to measure the impact of environmental, social, economic and human rights aspects of trade and investment agreements prior to and during a treaty’s negotiation. SIAs have been performed on all major negotiations in the EU since 1999, and will continue to be performed under its investment competence. Case studies in this article demonstrate how SIAs may include climate change. Additionally, legal recommendations are offered which, if adopted by the Directorate General for Trade, should increase the effectiveness of SIAs. As interpretive aids, SIAs may be key references in treaty interpretation arguments in light of increased environment and development related investment disputes and focus on sustainable development policy space.