I NTERNATIONAL L AW FOR S USTAINABLE D EVELOPMENT This presentation was made possible by the generous support of the Quebec Government. PARTNERSHIP CISDL

IINTERNATIONALNTERNATIONAL L LAWAW FORFOR SSUSTAINABLE USTAINABLE

DDEVELOPMENTEVELOPMENT

This presentation was made possible by the This presentation was made possible by the generous support of the Quebec generous support of the Quebec

Government.Government.

PARTNERSHIPPARTNERSHIPCISDL – IDLO – ILACISDL – IDLO – ILA

IINTERNATIONALNTERNATIONAL L LAWAW FORFOR S SUSTAINABLEUSTAINABLE DDEVELOPMENT: EVELOPMENT:

Because Effective Laws Matter.Because Effective Laws Matter.

Contact:Marie-Claire Cordonier Segger / Ashfaq Khalfan

Centre for International Sustainable Development Law3661 Peel Street, Montreal, Quebec, Canada

Tel: +1 514 398 8918 / Fax: +1 514 398 8197 / [email protected]

IINTERNATIONALNTERNATIONAL L LAWAW FORFOR SSUSTAINABLEUSTAINABLE D DEVELOPMENT:EVELOPMENT:

IntroductionIntroduction

IDLO


The PartnersThe Partners

Centre for International Sustainable Centre for International Sustainable Development LawDevelopment Law

International Development Law International Development Law Organization Organization

International Law AssociationInternational Law Associationwith support from UNEP Legal, World Bank Legal, United Nations Treaty Secretariat, and links to many University Law Faculties and Academies

around the world.

IDLO


The Goal and ContextThe Goal and Context

Focus: Significant legal developments in the field of sustainable development - legal research, education, advice and practice.

Goal: “To strengthen sustainable development governance and lay the foundation for implementation of international law for sustainable development.”

Our partnership facilitates scholarship on, access to, and compliance with coherent integrated international economic, social and environmental law.

This initiative is geared to lawyers, law professors and students, judiciaries, and to non-lawyers, from developed and developing countries.


The ObjectivesThe Objectives Develop a user-friendly web-

based legal resource centre and network of inquiry to assess, exchange information and experiences, and promote int’l law for sustainable development.

Carry out legal research and experts workshops, to develop a series of legal briefs and capacity building manuals on legal developments in the field of sustainable development.

Undertake capacity building and host dialogues on international sustainable development law (ISDL).

: Access to Legal Information

: Legal Research & Resource Materials

: Capacity Building & Expert Dialogue


Links to the Global SD Agenda:Links to the Global SD Agenda:2002 WSSD JPOI: With regard to facilitating the implementation of

sustainable development, the CSD should: “(e) Take into account significant legal developments in the field of sustainable development, with due regard to the role of relevant intergovernmental bodies in promoting the implementation of Agenda 21 relating to international legal instruments and mechanisms.” (2002 WSSD Plan of Implementation, Chapter XI, 148 e)

1992 Agenda 21 In particular, in Chapter 39 (International Legal

Instruments and Mechanisms) and Chapter 38 (International Institutional Arrangements) of Agenda 21, states and other partners are urged to: ▪ To further develop international law on sustainable development, giving special attention to the delicate balance between environmental and developmental concerns (39.1.a.);▪ To clarify and strengthen the relationship between existing international instruments or agreements in the field of environment and relevant social and economic agreements or instruments, taking into account the special needs of developing countries (39.1.b.); ▪ To provide developing countries with technical assistance in their attempts to enhance their national legislative capabilities in the field of environmental law (39.1.d). ▪ To integrate environment and development issues at national, sub-regional, regional and international levels, including in the United Nations system institutional arrangements (38.7).

2002 WSSD JPOI:

(a) Improve interaction and collaboration, stakeholder relationships and networks between and among universities, research institutions, government agencies and the private sector; (WSSD Plan of Implementation at 106).

Assist developing countries in building capacity to access a larger share of multilateral and global research and development programmes. In this regard, strengthen and, where appropriate, create centres for sustainable development in developing countries. (WSSD Plan of Implementation at 107).

Provide financial assistance and support to education, research, public awareness programmes and developmental institutions in developing countries and countries with economies in transition in order to:

(a) Sustain their educational infrastructures and programmes, including those related to environment and public health education;

(b) Consider means of avoiding the frequent, serious financial constraints faced by many institutions of higher learning, including universities around the world, particularly in developing countries and countries in transition.

(c) Promote, as appropriate, affordable and increased access to programmes for students, researchers and engineers from developing countries in the universities and research institutions of developed countries in order to promote the exchange of experience and capacity that will benefit all partners; (WSSD Plan of Implementation at 117).


General DeliverablesGeneral Deliverables Research, development and dissemination of a significant

body of knowledge and capacity on SDL, through networks of inquiry & research.

A series of publications reviewed through international events among international economic, environmental and human rights treaty communities over 5 years, posted on a user-friendly web-based legal resource center.

Capacity-building for legal professionals, the judiciary and developing country community activists, as well as non-lawyers, on governance mechanisms and legal instruments to effectively address inter-linked environmental, economic and social challenges in key SDL issue areas.

Strengthened compliance and enforcement mechanisms in developing countries, to better implement international law related to sustainable development.

Greater involvement of the international academic, legal professional and judicial associations in the development and implementation of international sustainable development law.

Review and development of innovative new sustainable development governance mechanisms and legal instruments, through international cooperation and initiatives springing from the partnership.


Capacity Building ProjectsCapacity Building Projects

IDLO

INTERNATIONAL LAW FOR SUSTAINABLE INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT: DEVELOPMENT:

Current SDL ProjectsCurrent SDL Projects1) CISDL / IDLO Handbook on Sustainable Development in

Project Finance Transactions Developed jointly by the IDLO and the CISDL Describes the practical issues involved in structuring project

finance transactions to ensure sustainable development Draws from best practice material, including experience of

major international financial institutions in structuring project finance transactions to ensure sustainability

2) CISDL ‘Economic Law in Practice’ Manuals Series Series of three handbooks that will serve as short guides to

world trade law, world investment law, and world competition law

Designed for corporate counsel of firms and new associates in law firms who do not have backgrounds in international law

Each will contain sustainable development law sections in order to mainstream the legal concept of sustainable development for counsel practice.


Capacity Building ProjectsCapacity Building Projects3) Implementing Biosafety Protocol Regulatory Regimes Partners: UNEP-GEF, UNCBD Secretariat, IDRC Carried out regional training on the legal aspects of the

implementation of the Cartagena Protocol throughout developing world

Developed a regulatory assessment tool kit for the UNEP-GEF Biosafety Project

Review of the new biosafety laws of over fifteen Francophone African countries, providing advice and technical assistance

4) Access Contracts for Genetic Resources and Sharing of Benefits

Partners: IDRC and Environment Canada Research on access and benefit-sharing (ABS) contracts in

civil and common law countries and national laws to implement ABS regimes

Mentoring and training of a new generation of ABS researchers based in developing countries


Capacity Building ProjectsCapacity Building Projects5) Americas Health and Environment Impact Assessments of

Economic Liberalisation Project Partners: IISD, UNEP, IDRC Collaboration with legal research centres in Latin America and the

Caribbean Examination of how health and environment impact assessment laws

have been applied to economic liberalisation led development projects in the Americas

Research on how to strengthen law making and implementation capacity of sub-regional environment and development institutions

Recommendations for sub-regional and hemispheric eco-health impact assessment law

6) SDL Curriculum Materials for Judicial Education Partners: NJI, UNEP Development of electronic cases and curriculum materials and

course on sustainable development law, focusing specifically on a hypothetical challenge to Canadian climate change legislation

Designed for members of Canadian judiciary


Capacity Building ProjectsCapacity Building Projects7) Manual on Sustainable Development on Climate Change Partners: CIDA, UNFCCC Series of manuals on domestic implementation of sustainable

development law Focuses on ‘sustained economic growth’ goals of the Kyoto Protocol Seeks to engage development and finance ministries from developing

countries in developing and supporting new laws related to implementation of international law on climate change

8) Strengthening Sustainable Development Law in Quebec Proposed partners: FAQDD, MDDEP, FCCQ Development of capacity-building manuals and workshops on

the Quebec Sustainable Development Act Addressed to NGOs, corporations, lawyers and civil servants Focuses on the right to a healthy environment, CSR,

integration in decision-making and new modes of governance


Legal Research ProjectsLegal Research Projects

IDLO


Legal Research ProjectsLegal Research ProjectsA number of research projects are carried out in parallel with

capacity building projects: Sustainable Development & Regional Integration Agreements Sustainable Development in World Trade Law and Competition Law Legal Aspects of Sustainable Water Management Sustainable Corporate Law International Public Health and Trade Law Climate Change & Kyoto Protocol Implementation Legal Research and

Scholarly Dialogue Gender, International Health and Environmental Law Legal and Policy Analysis of the Impacts of Climate Change in the Canadian

Arctic Trans-systemic Analysis of Property Rights over Land and Water Local Laws for the Global Commons: National Laws for Sustainable

Development Sustainable Development, Phosphate Mines and the Law in Sri Lanka

INTERNATIONAL LAW FOR SUSTAINABLE INTERNATIONAL LAW FOR SUSTAINABLE

DEVELOPMENT:DEVELOPMENT: Legal Research Legal Research ProjectsProjects

The CISDL is involved in the ILA Committee on International Law on Sustainable Development

Assessment of the legal status of principles and rules of international law in the field of sustainable development

Assessment of the practice of States and international organizations in this field

Study of developing States in a changing global order, particularly the impact of globalization on the sustainable development opportunities of developing countries

Second report focuses on the principle of integration and will be presented at the ILA 2006 Conference on June 6th in Toronto

ILA Toronto 2006 Complementary Programme on Environment and Development (with Judge C.G. Weeramantry)

INTERNATIONAL LAW FOR SUSTAINABLE INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:DEVELOPMENT:

Legal Research ProjectsLegal Research Projects

Recent Books: Sustainable Development in World Trade Law, M. Gehring & M.C.

Cordonier Segger, eds. (London: Kluwer Law International, 2005). Common but Differentiated Responsibilities in the Climate Change

Regime, L. Rajamani (Oxford: 2006) Beyond the Barricades: The Americas Trade and Sustainable Agenda,

M.C. Cordonier Segger & M.L. Reynal, eds. (Aldershot: Ashgate Press, 2005).

Legal Aspects of Implementing the Kyoto Protocol Mechanisms, D. Freestone & C. Streck, eds. (Oxford: Oxford University Press, 2005).

International Law and Policy of Sustainable Development, D. French (Manchester: Manchester University Press, 2005).

Sustainable Development Law: Principles, Practices, and Prospects, M.C. Cordonier Segger & A. Khalfan (Oxford: Oxford University Press, 2004).


Case Study: Quebec Case Study: Quebec Sustainable Development ActSustainable Development Act

IDLO


Quebec Sustainable Development Quebec Sustainable Development ActAct

ILSD Partnership related-activities: Participation in public consultation and parliamentary sessions in Quebec Completion of briefs and reports on sustainable development law and the right to a

healthy environment Development of capacity-building project “Strengthening Sustainable Development

Law in Quebec” in response to need to develop legal knowledge and skills among NGOs, lawyers, civil servants and corporations in this area

Establishment of scholarly dialogue at the international level Starting point for launch of legal research project: “Local Laws for the Global

Commons: The Legal Implementation of Sustainable Development”

Significance of Québec Sustainable Development Act: Innovative piece of legislation in many respects General law focused specifically on sustainable development Constitutes an implementation of international sustainable development law Contributes to the development of international sustainable development law



Definition of sustainable development Initial definition: SD “means an ongoing process to improve the living conditions

of the present generation that does not compromise the ability of future generations to do so and that ensures a harmonious integration of the environmental, social and economic dimensions of development.”

Definition proposed by opposition party and a number of NGOs: “The environment is a condition of sustainable development, society the ends for which development is undertaken and the economy the means to achieve it.”

Definition adopted: SD “is based on a long-term approach which takes into account the inextricable nature of the environmental, social and economic dimensions of development activities.”

A procedural approach to SD was ultimately adopted More in line with international law on sustainable development In the absence of a consensus on how to reconcile the competing interests of

the economic, environmental and social spheres, a process-oriented approach to SD may be the most effective way of ensuring that development will end up being sustainable in nature



2002 New Dehli ILA Principles

Quebec SD Act

1. The duty of States to ensure sustainable use of natural resources

14. Responsible production and consumption 13. Respect for ecosystem support capacity

2. The principle of equity and the eradication of poverty

2. Social equity and solidarity

3. The principle of common but differentiated responsibilities

8. Inter-governmental partnership and cooperation

4. The principle of the precautionary approach

10. Precaution



2002 New Dehli ILA Principles Quebec SD Act

5. The principle of public participation, access to information and to justice

5. Participation and commitment 6. Access to knowledge

6. The principle of good governance

7. Subsidiarity

7. The principle of integration and interrelationship, in particular in relation to human rights and social, economic and environmental objectives

Reflected in definition of SD as “a long-term approach which takes into account the inextricable nature of the environmental, social and economic dimensions of

development activities.”



Combined, these principles form the pillars of the SD concept: 1. Health and quality of life 3. Environmental protection 4. Economic efficiency

These principles form particular applications of the SD concept: 9. Prevention 11. Protection of cultural heritage 12. Biodiversity preservation 15. Polluter pays 16. Internalization of costs



Balance between economic, social and environmental spheres:

Overall, the Act is balanced: Definition and concepts Mechanisms, procedures and frameworks

However: No mention in the Act of the importance of human rights,

notably socio-economic rights Reorientation of Environmental Ministry to Ministry of

Sustainable Development, Environment and Parks Emphasis on environmental principles in the list of principles

International dimension of SD External impact of actions in a given territory will be taken into

consideration However, there is no mention of contributions to SD in the South



The Right to a Healthy Environment: “46.1. Every person has a right to live in a healthful environment in which

biodiversity is preserved, to the extent and according to the standards provided by law.”

The legal recognition of this right in Quebec constitutional law is a milestone

Its content follows from the trends in international and comparative law: Procedural in nature Quasi-constitutional and aspirational character (socio-economic right) Reference to both ecocentric and anthropocentric elements

Practically speaking, will serve to protect human health, the environment and biodiversity

Missing link with SD: No reference to SD or other socio-economic rights No reference to the environmental rights of future generations



Conclusion:1) Academic and policy dialogue Important development in international and comparative perspectives on

sustainable development law and policy Importance of dialogue between ILSD and NSDL Importance of dialogue between different NSDL

2) Capacity-building Effectiveness will depend on further implementation, application and enforcement Assessment of effectiveness and actions taken with regard to

NGOs Public administration Private sector Lawyers & legal academics

CISDL, with its partners, will contribute on both counts

Documents

I NTERNATIONAL L AW FOR S USTAINABLE D EVELOPMENT This presentation was made possible by the generous support of the Quebec Government. PARTNERSHIP CISDL