INTERNATIONAL LAW FOR

SUSTAINABLE DEVELOPMENT
PARTNERSHIP
CISDL – IDLO – ILA
This presentation was made possible by the generous
support of the Quebec Government.
INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:

Because Effective Laws Matter.

Contact:
Marie-Claire Cordonier Segger / Ashfaq Khalfan
Centre for International Sustainable Development Law
3661 Peel Street, Montreal, Quebec, Canada
Tel: +1 514 398 8918 / Fax: +1 514 398 8197 / partnership@cisdl.org
 IDLO

INTERNATIONAL LAW FOR

SUSTAINABLE DEVELOPMENT:
Introduction
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
The Partners

IDLO

Centre for International Sustainable

Development Law
International Development Law Organization
International Law Association
with support from UNEP Legal, World Bank Legal, United Nations Treaty Secretariat,
and links to many University Law Faculties and Academies around the world.
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
The 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.
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
The Objectives
 Develop a user-friendly web-based
legal resource centre and network
of inquiry to assess, exchange
information and experiences, and : Access to Legal
promote int’l law for sustainable
development.
Information
 Carry out legal research and experts
workshops, to develop a series of : Legal Research &
legal briefs and capacity building
manuals on legal developments in Resource Materials
the field of sustainable development.

 Undertake capacity building and

host dialogues on international : Capacity Building &
sustainable development law (ISDL). Expert Dialogue
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
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).
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
General 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.
 IDLO

INTERNATIONAL LAW FOR

SUSTAINABLE DEVELOPMENT:
Capacity Building Projects
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
Current SDL Projects
1) 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.
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
Capacity Building Projects
3) 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
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
Capacity Building Projects
5) 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
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:
Capacity Building Projects
7) 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
 IDLO

INTERNATIONAL LAW FOR

SUSTAINABLE DEVELOPMENT:
Legal Research Projects
 INTERNATIONAL LAW FOR SUSTAINABLE DEVELOPMENT:

Legal Research Projects

A 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 DEVELOPMENT:

Legal Research Projects

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 DEVELOPMENT:

Legal 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).
 IDLO

INTERNATIONAL LAW FOR

SUSTAINABLE DEVELOPMENT:
Case Study: Quebec Sustainable
Development Act
 INTERNATIONAL LAW FOR SUSTAINABLE
DEVELOPMENT:
Quebec Sustainable Development Act
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
 INTERNATIONAL LAW FOR SUSTAINABLE
DEVELOPMENT:
Quebec Sustainable Development Act
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
 INTERNATIONAL LAW FOR SUSTAINABLE
DEVELOPMENT:
Quebec Sustainable Development Act
2002 New Dehli ILA Principles Quebec SD Act

1. The duty of States to ensure 14. Responsible production and

sustainable use of natural resources consumption
13. Respect for ecosystem support
capacity
2. The principle of equity and the 2. Social equity and solidarity
eradication of poverty
3. The principle of common but 8. Inter-governmental partnership and
differentiated responsibilities cooperation
4. The principle of the precautionary 10. Precaution
approach
 INTERNATIONAL LAW FOR SUSTAINABLE
DEVELOPMENT:
Quebec Sustainable Development Act
2002 New Dehli ILA Principles Quebec SD Act

5. The principle of public 5. Participation and commitment

participation, access to information 6. Access to knowledge
and to justice
6. The principle of good governance 7. Subsidiarity

7. The principle of integration and Reflected in definition of SD as “a

interrelationship, in particular in
relation to human rights and social,
economic and environmental
objectives
long-term approach which takes into
account the inextricable nature of the
environmental, social and economic
dimensions of development
activities.”
 INTERNATIONAL LAW FOR SUSTAINABLE
DEVELOPMENT:
Quebec Sustainable Development Act
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

 INTERNATIONAL LAW FOR SUSTAINABLE
DEVELOPMENT:
Quebec Sustainable Development Act
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
 INTERNATIONAL LAW FOR SUSTAINABLE
DEVELOPMENT:
Quebec Sustainable Development Act
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
 INTERNATIONAL LAW FOR SUSTAINABLE
DEVELOPMENT:
Quebec Sustainable Development Act
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