I NTERNATIONAL L AW FOR S USTAINABLE D EVELOPMENT

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

2. INTERNATIONAL LAWFOR 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

3. IDLO INTERNATIONAL LAWFOR SUSTAINABLE DEVELOPMENT: Introduction

4. INTERNATIONAL LAWFOR SUSTAINABLE DEVELOPMENT: The Partners 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. IDLO

5. INTERNATIONAL LAWFOR 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.

6. 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 INTERNATIONAL LAWFOR SUSTAINABLE DEVELOPMENT: The Objectives

7. 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 LAWFOR SUSTAINABLE DEVELOPMENT: Links to the Global SD Agenda:

8. INTERNATIONAL LAWFOR 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.

9. IDLO INTERNATIONAL LAWFOR SUSTAINABLE DEVELOPMENT: Capacity Building Projects

10. 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.

11. 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

12. 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

13. 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

14. IDLO INTERNATIONAL LAWFOR SUSTAINABLE DEVELOPMENT: Legal Research Projects

15. INTERNATIONAL LAWFOR 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

16. 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)

17. 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).

18. IDLO INTERNATIONAL LAWFOR SUSTAINABLE DEVELOPMENT: Case Study: Quebec Sustainable Development Act

19. 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

20. 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

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

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

23. 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

24. 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

25. 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

26. 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