Sustainable Development Principles in the Decisions of International Courts and Tribunals

The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development marked a significant milestone setting out seven principles of sustainable development that have been agreed in treaties and soft-law instruments such as the outcomes of the 1992 UN ‘Earth Summit’ Conference on Environment and Development. Since then, the recognition of the New Delhi principles has been increasingly widespread, occurring across several fields of law by dispute settlement bodies with diverse jurisdictions over human rights, international trade, investment, and international crimes, amongst others.

This book provides an overview of the expanding body of jurisprudence incorporating the New Delhi principles of sustainable development. Consisting of chapters written by respected commentators it documents the application and interpretation of these principles by international and regional courts, tribunals and dispute settlement bodies. The book examines the differences and commonalities in application amongst courts with jurisdiction over the environment, human rights, trade, investment and international crime. It charts the evolution of principles on sustainable development in international law from soft law standards towards recognition as customary law in certain instances. Before going on to assess the remaining practical, legal, political and economic challenges to further judicial consideration and acceptance of the principles. It provides a unique contribution of great interest to policy-makers, civil-society organizations, academics and students, and practising lawyers concerned with sustainable development around the world.

Marie-Claire Cordonier Segger is Senior Legal Expert, Sustainable Development, for the International Development Law Organization (IDLO). She also serves as Senior Director for the Centre for International Sustainable Development Law (CISDL) and is an Affiliated Fellow of the Cambridge University Lauterpacht Centre for International Law.

Yolanda Saito is a Legal Specialist at IDLO leading the development and implementation of programming related to the role of law in the green economy, biodiversity and natural resources.

Judge C. G. Weeramantry is former Vice-President of the International Court of Justice and Founder of the Weeramantry International Centre for Peace Education and Research. In the course of his professional career of over five decades as lawyer, legal educator, domestic judge, international judge, author and lecturer, Judge Weeramantry has touched on a wide variety of topics essential to peace, cross-cultural understanding and education. Judge Weeramantry received the UNESCO Peace Education Prize 2006 in recognition of his commitment and concrete undertakings in support of the concept and culture of peace through his career.