Sustainable development as a principle of international law : resolving conflicts between climate measures and WTO law / by Christina Voigt.

Format:

Book

Author/Creator:

Voigt, Christina, 1971- author.

Series:

Legal aspects of sustainable development ; v. 2.

Legal aspects of sustainable development, 1875-0923 ; v. 2

Language:

English

Subjects (All):

Sustainable development--Law and legislation.

Sustainable development.

Emissions trading--Law and legislation.

Emissions trading.

Environmental law, International.

Physical Description:

1 online resource (452 pages)

Place of Publication:

Leiden ; Boston : Martinus Nijhoff Publishers, 2009.

Language Note:

English

Summary:

This volume provides a framework for the doctrinal foundation of sustainable development as a principle of integration in international law. The work departs from the fragmented nature of the international legal system, a system that lacks integrative principles for creating coherent relations between, for example, the international trade regime of the WTO and multilateral environmental agreements. The specific focus is on a legal analysis of potential normative conflicts between climate measures as regulated by the UNFCCC and the Kyoto Protocol, in particular the flexibility instruments of international emissions trading and the Clean Development Mechanism, and the rules of the WTO. Attention is then given to the application of sustainable development as a principle of integration in relation to these conflicts. The book takes on several important, timely and demanding tasks related to the urgent global challenge of climate change and the capacity of international law to deal with complex and multifaceted issues. It addresses in particular: • The relations between various international legal regimes, especially between international trade law and climate law, • The legal status of sustainable development as a principle of international law, and • The analysis of interpretative methods and of principles that may serve to address conflicts between rules pertaining to different legal regimes. Here, integration as part of legal reasoning becomes particularly relevant.

Contents:

Origins and development of the concept of sustainable development in international law

Integration as a central aspect of sustainable development

The international climate regime

Sustainable development in the context of international climate change law

Sustainable development in WTO context

Sustainable development as a general principle of law

Fragmentation of international law : the origin of normative conflicts

Climate measures and WTO law : general comments

International emissions trading and WTO rules

The clean development mechanism and WTO rules

Concluding remarks on part II

Is there a need for the principle of sustainable development in WTO dispute settlement?

Principles of conflict resolution

Applicability of non-WTO law in WTO dispute settlement

Applicability of the principle of sustainable development in WTO dispute settlement

Application of the principle of sustainable development : practical consequences

'Case' studies : CDM and emissions trading

Final conclusions.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-282-39888-1

9786612398889

9789004180765 (electronic book)

90-04-18076-1

OCLC:

567512896

Publisher Number:

10.1163/ej.9789004166974.i-428 DOI