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The normative legal character of sustainable development

In: North-South Regional Trade Agreements as Legal Regimes

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Abstract

Chapter 4 examines the normative character of the principle of sustainable development and assesses the extent to which it constitutes a justiciable norm. Through the analysis of the jurisprudence from the WTO’s Dispute Settlement Body and the UN International Court of Justice, the normative content of the principle of sustainable development will be revealed. Building on the work of Virginie Barral,1 it will be argued that the principle of sustainable development has served as an important hermeneutic tool in both judicial settings, giving colour, texture and shading to legal rights and obligations. Given the development focus of the EPAs this finding is particularly significant because it suggests that the sustainable development provisions of the agreements lack justiciability. Simply put, it implies that the sustainable development provisions in the agreement may not be enforceable through the dispute settlement mechanisms established under the EPAs. Nevertheless, in scaffolding the commercial aspects of the agreement around the principle of sustainable development it is arguable that the parties must apply the EPA in a development-friendly way. 1 V. Barral, ‘Sustainable Development in International Law: Nature and Operation of an Evolutive Legal Norm’ (2012) 23 European Journal of International Law 380.

Suggested Citation

  • ., 2017. "The normative legal character of sustainable development," Chapters, in: North-South Regional Trade Agreements as Legal Regimes, chapter 4, pages 110-135, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:16626_4
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    1. Purnomo, Herry & Okarda, Beni & Dewayani, Ade Ayu & Ali, Made & Achdiawan, Ramadhani & Kartodihardjo, Hariadi & Pacheco, Pablo & Juniwaty, Kartika S., 2018. "Reducing forest and land fires through good palm oil value chain governance," Forest Policy and Economics, Elsevier, vol. 91(C), pages 94-106.
    2. Janina Ribelienė & Jūratė Macijauskienė & Rasa Tamelienė & Aušrelė Kudrevičienė & Irena Nedzelskienė & Aurelija Blaževičienė, 2022. "Factors Relating to a Safety Culture in the University Perinatal Center: The Nurses’ and Midwives’ Perspective," IJERPH, MDPI, vol. 19(16), pages 1-10, August.
    3. IJACHI IJACHI & Uwuigbe Uwalomwa & STEPHEN OJEKA & OPEYEMI AJETUNMOBI & SIMON ILOGHO, 2020. "The Impact Of Foreign Aid On Sustainable Development In Nigeria: An Environmentally Adjusted Human Development Index Approach," Proceedings of Business and Management Conferences 10112630, International Institute of Social and Economic Sciences.

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