This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law.
The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts.
The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular:
• The relations between various international legal regimes, especially between international trade law and climate law,
• The legal status of sustainable development as a principle of international law, and
• The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.
Dr. Christina Voigt is lecturer and researcher at the Department of Public and International Law and the Research Group for Natural Resources Law, University of Oslo, Norway.
Table of contents
SERIES EDITOR’S PREFACE; ACKNOWLEDGEMENTS; LIST OF ABBREVIATIONS AND ACRONYMS
Part 1 SUSTAINABLE DEVELOPMENT IN INTERNATIONAL LAW
1. Origins and Development of the Concept of Sustainable Development in International Law;
2. Integration as a Central Aspect of Sustainable Development;
3. The International Climate Regime;
4. Sustainable Development in the Context of International Climate Change Law;
5. Sustainable Development in WTO Context;
6. Sustainable Development as a General Principle of Law;
Part 2 CONFLICTS BETWEEN CLIMATE MEASURES AND WTO LAW
7. Fragmentation of International Law: the Origin of Normative Conflicts;
8. Climate Measures and WTO Law: General Comments;
9. International Emissions Trading and WTO Rules;
10. The Clean Development Mechanism and WTO Rules;
11. Concluding Remarks on Part II;
Part 3 SUSTAINABLE DEVELOPMENT AS A PRINCIPLE OF INTEGRATION OF CLIMATE AND TRADE LAW
12. Is there a Need for the Principle of Sustainable Development in WTO Dispute Settlement?
13. Principles of Conflict Resolution;
14. Applicability of Non-WTO Law in WTO Dispute Settlement;
15. Applicability of the Principle of Sustainable Development in WTO Dispute Settlement;
16. Application of the Principle of Sustainable Development: Practical Consequences;
17. ‘Case’ Studies: CDM and Emissions Trading;
18. Final Conclusions.