Sustainable Development Law Research Articles

Ecocide, Sustainable Development and Critical Environmental Law Insights

Abstract Advocates of the criminalization of ecocide face a dilemma: how to address activities that bring socio-economic benefits and cause severe environmental damage. The solution has generally been seen in the integration of international environmental law (IEL) norms, such as balancing sustainability with development, into the definition of ecocide. This article challenges the uncritical adoption of IEL norms in ecocide debates and explores the socio-ecological implications of relying on those norms in future trials at the International Criminal Court. While this article does not offer a new definition of ecocide, by borrowing insights from critical environmental law and studies of law in the Anthropocene it proposes a new approach for engaging with the question of ecocide, namely, by embracing reflexivity and normativity in legal practice.

Administrative Law in Sustainable Development: A Case Study of the Interaction Between Eco-Business and Government in Jordan

Administrative Law in Sustainable Development: A Case Study of the Interaction Between Eco-Business and Government in Jordan

Coastal cities governance in the context of integrated coastal zonal management: a sustainable development goal perspective under international environmental law for ‘coastal sustainability’

Literature on integrated coastal zonal management (ICZM) for coastal sustainability from a legal perspective provided significant measures. Recently, sustainable development goals (SDGs) have become a focus in ICZM literature, which establishes coastal goals and connects these goals with other goals. Although integrating coastal goals into ICZM under international law challenges the existing models presented in the literature, the comprehensive literature review (CLR) methodology is appropriate for observing the current literature and provides a way-forward for coastal goals. Therefore, through this research, a CLR on ICZM literature is conducted to observe how far SDGs are integrated for coastal sustainability. The CLR identified that coastal city governance is a pertinent part of ICZM, and the coastal goals are devised in the form of environmental goals of SDG – 14 (life below water). This CLR examines the anthropogenic connections of waste, sanitation, and emissions management and urban planning with coastal ecosystems under the ICZM system. For such purposes, governance tools of science-policy integration under international law and policy for sustainable development are utilized to form an obligatory framework. The CLR further provided coordination, adaptivity, monitoring, and capacity-building tools, which were utilized thoroughly throughout the literature and can be incorporated with the SDGs in a multilevel governance framework of ICZM. Throughout the study, international law formulating SDGs is pivotal to be transplanted successfully into the ICZM governance processes.

Is Europe raising its voice? EU representation at the UN prior to and post-Lisbon

The ‘High Representative’ speaks on behalf of the European Union in international organizations since 2010. The motivation for this reform has been to strengthen the European Union's foreign policy representation. It can be expected that this empowerment of the High Representative has affected the content of official European Union speeches held at the United Nations. Did the reform lead to a more coherent and cohesive representation of European Union foreign policy at the United Nations? To answer this question, I analyze the content of all speeches held on behalf of the European Union in the United Nations General Assembly between 1993 and 2021. I find that European Union foreign policy priorities are more coherently and cohesively represented since the Lisbon reforms took effect. I argue that the empowerment of the ‘High Representatives’ and their diplomats caused this effect. Today, European Union representatives are less likely to follow global trends but set their own thematic priorities by focusing on the areas of disarmament, sustainable development, and international law.

An Analysis of the Roles of the Anti-monopoly Law in Sustainable Economic Development

Laws can have a certain impact on economic development, especially anti-monopoly laws. The reason to study this important social issue is because it is crucial to China's national situation. In many industries in China, especially the Internet, technology, and finance, the market tends to be highly concentrated. This not only threatens small and medium-sized enterprises but may also be detrimental to consumers. The lack of effective anti-monopoly supervision may lead to social inequality and a widening gap between the rich and the poor, which is contrary to the goals of China's socialist modernization drive. Therefore, the anti-monopoly law has special and important significance in China and needs further study and improvement. The theme of this paper is to analyze the role of the anti-monopoly law in sustainable economic development. Research methods include case analysis and literature research. The result shows that the importance of anti-monopoly law is mainly reflected in preventing abuse of market position and regulating that market players cannot abuse their market position to engage in unfair competition. At the same time, it can also realize the effective allocation of resources, which can ensure that the market can improve overall social welfare in an environment of sufficient competition.

Environmental Law for Sustainable Palm Oil Development to Combat Deforestation and Climate Change Impact

Purpose: The aim of this study is to examie how environmental law to mitigate the impact of climate change caused by deforestation in Indonesia due to the high demand for palm oil. Theoretical framework: Theoretical framework incorporate principles from international agreements such as the Paris Agreement and the United Nations Framework Convention on Climate Change (UNFCCC), aligned with environmental law with Indonesia's national policies and strategies, such as the National Action Plan for Greenhouse Gas Reduction and Indonesia Sustainable Palm Oil (ISPO). Design/methodology/approach: The research method used a qualitative approach with data collected through library research. Various sources, including articles, journals, books, reports, and documents, were utilized to gather comprehensive and reliable information on the Indonesian palm oil problem and its environmental and societal impact. Findings: The result of the study concluded that addressing deforestation and the environmental impact of palm oil production requires several measures. These include reducing global demand for palm oil, promoting sustainable palm oil production, and adopting best practices in the palm oil industry. Implementing environmentally friendly approaches, protecting critical conservation areas, respecting the rights of local communities, and reducing greenhouse gas emissions are essential steps to mitigate the issue Research, Practical & Social implications: The study outline the role of engage all stakeholders, including producers, companies, governments, civil society, and global consumers, in these efforts. Striking a balance between economic interests and environmental concerns is vital. By promoting sustainable agricultural practices, negative impacts on the environment and society can be minimized, and progress can be made towards achieving climate change mitigation and sustainable development goals. Originality/value: The value of the study lies in its holistic approach to addressing multiple interconnected issues. It not only focuses on environmental conservation but also considers the socioeconomic aspects of small-scale farmers in Indonesia. This integrated perspective is vital for finding sustainable solutions that benefit both the environment and local communities.

THE MULTIPLE DIMENSIONS OF INTERNATIONAL ENVIRONMENTAL LAWS: A WAY FORWARD FOR POOR NATIONS

This research article examines the challenges faced by poor nations in implementing international environmental agreements and identifies ways forward for addressing environmental challenges. The study highlights the limitations of current international environmental laws and their impact on poor nations, including the lack of financial and technological resources, limited institutional capacity, and inadequate political will. The article also explores the role of international environmental laws in promoting sustainable development and environmental protection in poor nations, and assesses their effectiveness in addressing environmental challenges. The study provides recommendations for policymakers, practitioners, and scholars working on international environmental law and sustainable development, including the development of sustainable development goals and strategies, capacity-building, and technology transfer. The need for a more equitable and inclusive approach to sustainable development and international environmental law is emphasized in the paper's conclusion. This approach should give priority to the needs and viewpoints of developing countries and encourage their full involvement in international efforts to address environmental challenges

Retraction: Foreign assistance, sustainable development, and commercial law: a comparative analysis of the impact of corruption on developing economies

Retraction: Foreign assistance, sustainable development, and commercial law: a comparative analysis of the impact of corruption on developing economies

Legal framework for sustainable development and current global challenges

<p>The subject of the article is the formation of the legal framework for sustainable development in the context of modern global challenges. The subject of the legal framework is the social relations of sustainable development, which are regulated by separate branches of law, but in the aggregate form a separate branch of law. The legal foundations of sustainable development, formed under the influence of international cooperation processes, are currently exposed to new threats-illegitimate economic restrictions that call into question the previously stated goals of sustainable development. The purpose of the article is to review the current state and prospects for the development of the legal framework in the context of both traditional threats and new challenges caused by the external restrictions since 2014, and to assess the prospects for sustainable development in Russia. The main research method is the study of international and Russian scientific research literature, analytical and review materials from open sources using induction, deduction, analysis, synthesis and the method of analogies. In preparing the article, historical, statistical, system-structural and causal research methods were also used. It has been proved that the first year of the functioning of the national economy under the newly introduced sanctions in 2022 showed both their negative impact and a certain adaptive potential of the economic system and companies. The article is focused on the prerequisites for the formation, essence and subject of sustainable development law, as well as on methods of legal regulation and examples of legal mechanisms for incorporating sustainable development factors into business practices. The article raises the question of the legitimacy of unilateral economic sanctions from the point of view of international law. The article also assesses the impact of sanctions on the activities of companies and their commitment to the principles of sustainable development. The conclusion is made that business community considers the mechanisms of legal regulation of sustainable development as anti-crisis measures and considers those mechanisms to be expedient and justified in the long term to pursue a policy of maintaining a commitment to sustainable development and finding ways to overcome sanctions pressure.</p>

Transforming Trade, Investment and Environmental Law for Sustainable Development?

The 2030 UN Sustainable Development Agenda aims at ‘transforming our world’ to protect universally agreed sustainable development goals (SDGs) that – due to globalization – can no longer be secured by any state without international law and multilevel governance of global public goods (PGs). Democratic and republican constitutionalism historically emerged as the most effective methods for protecting local and national PGs demanded by citizens; they need to be complemented by functionally limited, multilevel constitutionalism securing transnational ‘aggregate PGs’ like mutually beneficial trade, investment and environmental protection systems. This contribution explains why commitments to human rights, democratic governance and rule of law have become incomplete safeguards of the SDGs without complementary, constitutional reforms of international trade law (II), investment law (III) and environmental law (IV). Human rights require embedding national ‘constitutionalism 1.0’ and functionally limited ‘treaty constitutions 2.0’ into ‘cosmopolitan constitutionalism 3.0’ empowering and protecting citizens and representative, multilevel governance institutions (V). Constitutional, participatory and deliberative democracy, private-public partnerships (e.g. for inventing and producing vaccines) and citizen-driven network governance (e.g. for decarbonizing economies) remain crucial for providing PGs and for protecting humanity against authoritarian power politics (VI). Are the necessary constitutional reforms politically feasible at a time of Russian wars of aggression aimed at suppressing human rights and democratic governance?

Waqf and sustainable development law: models of waqf institutions in the Kingdom of Saudi Arabia and Indonesia

This research aims to find out the regional waqf (endowment) and sustainable development models in the Kingdom of Saudi Arabia and Indonesia in terms of their laws, managements and investments. It uses a qualitative approach through observation, documentation and interviews with officials and those in charge of waqf from the Kingdom of Saudi Arabia and Indonesia. The data was then elaborated with expert opinions based on Herman Daly’s sustainable economic theory and John Locke’s theory of ownership and Islamic law theory (hifz al-mãl, himãyah al-bī‘ah and istiṣlãh). This study found that through the waqf system, the waqf institutions in the Kingdom of Saudi Arabia and Indonesia managed to reach certain achievements, namely good education, poverty reduction, hunger alleviation, and decent work. It was found that waqf institutions in the Kingdom of Saudi Arabia carried out various programs in every area of sustainable development, including providing drinking water. Another service included digging wells in areas where they were needed, which we rarely found in Indonesia. The Sustainable Waqf Law contributed to several aspects that could positively impact society and sustainable development in general. The Sustainable Waqf Law could positively impact sustainable social, economic, and environmental development. In addition, the waqf contributed to the United Nations Sustainable Development Goals No. 1, 2, 3, 4, 6, 11, 13 and 16. Finally, it is important to involve various parties, including waqf institutions, government, communities, and other stakeholders, to ensure the sustainability, transparency, and fairness in the management of waqf assets and their utilization in achieving sustainable development goals.

Transforming World Trade and Investment Law for Sustainable Development, written by Ernst-Ulrich Petersmann

Transforming World Trade and Investment Law for Sustainable Development, written by Ernst-Ulrich Petersmann

Law, justice and the role of courts in changing the social superstructure narrative in climate litigation

Law, justice and the role of courts in changing the social superstructure narrative in climate litigation

Push and pull in the sustainable development of ecological landscape and ecological resources: A dual perceptions of tourists and service staff

AbstractThe protection of the ecological landscape and the development of ecological resources are vital in the development of the global green economy, Their win‐win coordinated development is influenced by factors such as nature, culture, and economy, and more attention should be placed on tourist perception and sustainable resource development. Previous studies have mainly focused on a single perspective and failed to comprehensively consider the coordinated relationship between ecological landscape and ecological resources. This research combined push‐and‐pull theory and applied empirical analysis to verify the structure of tourists' perceptions and the law of sustainable development of resources related to the development of ecological landscape in the new era. It extracted and analyzed 34 influencing factors and applied the analytic network process (ANP) to analyze each factor's weights, to propose an evaluation system for eco‐tourism sustainability development that can help the construction of ecological landscape in the future. The reconstruction and further development of eco‐tourism in the new era is reflected in the ideological and practical dimensions; from single‐perspective linear thinking to multi‐dimensional integrated governance; from conflict between resources conservation and development to collaboration; from isolated management to building a community with a shared future; and showing the transformation and innovation at multiple levels of individual, community, government and national governance.

Правовые основы устойчивого развития и современные глобальные вызовы

ABSTRACT The subject of the study is the formation of the law of sustainable development in the context of modern global challenges. The subject of law is social relations of sustainable development, which are regulated by separate branches of law, forming together a separate branch of law. The legal foundations of sustainable development, which have been formed under the influence of international cooperation processes, are currently being subjected to new threats — illegitimate economic sanctions restrictions that call into question the previously stated goals of sustainable development. The purposes of the work are to review the current state and prospects for the development of the legal framework in the context of both traditional threats and new challenges caused by the sanctions policy of Western countries, and to assess the prospects for sustainable development in Russia. It is established that the first year of the functioning of the Russian economy under sanctions showed both their negative impact and a certain adaptive potential of Russian companies. The prerequisites for the formation, essence and subject of the law of sustainable development, as well as methods of legal regulation on the examples of legal mechanisms for the inclusion of factors of sustainable development in the practice of companies are considered. The issue of the legitimacy of unilateral economic sanctions from the point of view of international law was raised. The impact of sanctions on the activities of Russian companies and their commitment to the principles of sustainable development is assessed. Conclusions are drawn that the business community considers the mechanisms of legal regulation of sustainable development as anti-crisis measures and considers it expedient and justified in the long term to pursue a policy of maintaining commitment to sustainable development and finding ways to overcome sanctions pressure.

The Need for Legislation on Renewable Energy for Sustainable Development in India

Energy is required for each and every activity since the beginning of this universe. With the advancement of human beings their activities have developed and have become more and more complex with time. As the world developed at a very high pace energy requirements also increased and this resulted in more utilization of conventional energy sources. Use of conventional energy sources (fossil fuels) has resulted in environmental degradation which has become a major problem worldwide.Development is indispensible but at the same time it should not be at the cost of environment so with this came up the concept of sustainable development. To achieve this we have to switch over to non conventional sources of energy. Considering the geographical conditions, India has huge potential regarding renewable energy. For systematic development of renewable energy sector we need a comprehensive legislation. If we look at international level there are many countries which have made separate and ancillary legislations regarding renewable energy and their growth is remarkable. Therefore, this study has focused to examine the need of separate renewable energy law for sustainable development.

5. South America

This document contains aspects related to regulation issued in Colombia in the past year in regard to environmental protection within the view of sustainable development, international treaties, and international soft law instruments. The following presents laws, decrees, and resolutions issued by the Colombian Congress and by the Ministry of Environment and Sustainable Development that extend from the introduction of new crimes against the environment, such as deforestation and ecocide in the Colombian Criminal Code, to the issuance of guidelines for the development of low-impact and environmentally sustainable agricultural activities in páramos. Similarly, reference is made to decisions of the Constitutional Court regarding the right of communities living close to projects of national interest to participate in said projects and to be considered within project decisions. Many relevant laws were adopted this year. Law 2099 declares green hydrogen, blue hydrogen, and geothermal energy projects as non-conventional renewable energy projects. It establishes tax incentives for electricity generation projects based on non-conventional renewable energy sources such as green hydrogen, blue hydrogen, and geothermal energy. Law 2099 adopts measures for the energy transition and the dynamization of the energy market through the use, development, and promotion of non-conventional energy sources.

Environmental Regulation Promotes Eco-Efficiency through Industrial Transfer: Evidence from the Yangtze River Economic Belt in China.

How does environmental regulation affect ecological efficiency? What is the role of industrial transfer in the mechanism of action? Relations and interactions between the three determine economic quality when ecological performance is concerned. Empirical studies in this paper are based on samples from the Yangtze River economic belt in China, which contributes nearly half of China’s GDP. By measuring environmental regulation, industrial transfer, and ecological efficiency, data and indexes are prepared for investigating the driving mechanism of environmental regulation and illustrating of the role of industrial transfer. By applying the Markov process to model industrial transfer between regions, the dynamic of transfer is simulated and facilitates further study on the effects of industrial transfer. Finally, this paper concludes that by targeting on the improvement of ecological efficiency, environmental regulation releases its utility through industrial transfer. The highlights include three aspects. Theoretically, it illustrates the driving mechanism of improving the eco-efficiency by environmental regulation. Technically, it pioneers a methodology for describing the regional industrial transfer by modeling it with a Markov process. Practically, the conclusion supplies insights into the inherent law of sustainable development for policy makers.

RETRACTED: Foreign Assistance, Sustainable Development, and Commercial Law: A Comparative Analysis of the Impact of Corruption on Developing Economies

The essential purpose of this research is to investigate the relationship between foreign assistance and economic growth. It also analyzes the role corruption might play in influencing this relationship in aid-recipient countries that have similar real gross domestic product (GDP) per capita, but different development patterns. An analysis is performed on specific samples from 2000 to 2019. The model is split into three sections for this purpose: i.e., all developing economies, sub-Saharan Africa (SSA), and the most corrupt countries from regions other than SSA. The difference generalized method of moments (GMM) panel framework is used for empirical analysis. The study concludes that foreign aid does not result in encouraging and significant changes in overall economic growth in developing economies. By contrast, corruption has a powerful impact on foreign aid effectiveness. It is also observed from the analysis that SSA economies receive high levels of foreign assistance, but still cannot extract maximum benefit due to various economic and social problems. Furthermore, foreign assistance effectiveness is almost insignificant in most corrupt economies from other regions.

Economic Integration via Novel Investment Agreements: CAI’s Focus on Market Access vis-à-vis the Current Bilateral Investment Treaties Between China and European Union Member States

Abstract The EU-China Comprehensive Agreement on Investment (CAI) features limited substantive ‘traditional’ guarantees for foreign investors but contains original liberalization commitments that go beyond the otherwise common ‘admission’ promise, or the less common ‘establishment’ commitment, to regulate ‘market access’ – a unicorn in the field. By focusing on this aspect, the analysis makes reference to a) the current legal and policy framework of both EU and China, b) their respective international investment agreement (IIA) policies, and c) the bilateral investment treaties between China and EU member States. The CAI reveals a sui generis character as, in addition to its novel focus, it consolidates the EU tendency to drawing from other fields, including trade law, environmental law, labour law, sustainable development, and public international law. Considering CAI’s departure from established models, and its specific scope and context, the agreement may not contribute significantly to the development of the design and evolution of substantive rights afforded to foreign investors in IIAs.