The Role of International Forums in the Advancement of Sustainable Development

Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation\u27s focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted the debate towards questions of compensation and adaptation, and has brought new and democratic voices to the climate policy debate. As a result, climate litigation is leaving an important imprint on climate policy regardless of whether a tort action in the United States or the Inuit human rights claims, for example, ultimately prevail - and as demonstrated by the recent US Supreme Court decision in Massachusetts v. EPA, some climate claims will prevail, setting important precedents for the future direction of climate law and policy

Essaie de Description du Système Foncier Congolais d’avant Le Contact Formel Avec La Civilisation Occidentale

The present study focuses on the description of the Congolese land system prior to formal contact with Western civilization. Contrary to what has been imagined, the natives of Congo have understood the notion behind landed property. This property is rather peculiar in that it does not fulfill all the criteria imposed by modern law. A few elements have enabled us to describe it. The notion of landed property has been made known to the natives. This property is established at the moment the pacific takes possession of it or by conquest of the soil. It is essentially influenced by the beliefs that characterize traditional Africa. However, the beliefs in the existence and interaction of the world of the dead with that of the living, and the beliefs in the divinity of the soil, makes it possible to specially guide the perception of landed property. Moreover, the community character directs land ownership towards collective ownership rather than individual ownership

Le Régime Foncier Congolais : Du Contact Avec La Civilisation Occidentale à La Veuille de La Loi n°73- 021 du 20 Juillet 1973 Dite Foncière

This study focuses on the description of the Congolese land system after formal contact with Western civilization. The contact between the western and Congolese civilizations intervened with the explorations. Moreover, it would have been necessary to wait for the constitution of the Independent State of the Congo to be able to formally speak of a contact of the civilizations. Indeed, the contact between the explorer and the native is not significant at this time. Moreover, land management did not fit into the objectives of these adventurers. Land management has proven to be indispensable with the advent of colonization on Congolese territory. During colonization, land management took into account the rights of indigenous peoples by devoting several categories of land. Moreover, after its accession to international sovereignty through its Independence, the young Congolese state began a land reform by domanialising all the lands. This, however, was even described as expropriation

Sustainable Development in the Negotiation of the FTAA

First, I will briefly explain what is meant by hemispheric sustainable development law. Then, I will discuss the current progress of the FTAA from a sustainable development law perspective. To illustrate the links between trade liberalization, social and environmental law and policy in the Americas, I will briefly highlight potential social and environmental impacts and opportunities in several important areas of negotiations: services, intellectual property rights, competition law, government procurement and investment. (The directions of agricultural liberalization, market access and subsidies are also crucial to sustainable development, but are too extensive to discuss here). Then, I will consider the institutional questions from a sustainable development perspective, especially the potential directions for FTAA chapters on environmental and social issues, focusing especially on mechanisms for cooperation and dispute resolution. I will only briefly comment on institutional mechanisms for civil society participation, as these issues have been canvassed elsewhere, and are also addressed in this volume. Finally, since a large part of social and environmental issues are not directly linked to trade and investment, I will briefly discuss the development of other, parallel forums for hemispheric cooperation on the environmental and social challenges of the western hemisphere, and consider whether these forums are strong enough to address overlapping agendas, as well as the mechanisms for coordination between these forums and the trade liberalization treaty process

Sustainable Development in the Negotiation of the FTAA

First, I will briefly explain what is meant by hemispheric sustainable development law. Then, I will discuss the current progress of the FTAA from a sustainable development law perspective. To illustrate the links between trade liberalization, social and environmental law and policy in the Americas, I will briefly highlight potential social and environmental impacts and opportunities in several important areas of negotiations: services, intellectual property rights, competition law, government procurement and investment. (The directions of agricultural liberalization, market access and subsidies are also crucial to sustainable development, but are too extensive to discuss here). Then, I will consider the institutional questions from a sustainable development perspective, especially the potential directions for FTAA chapters on environmental and social issues, focusing especially on mechanisms for cooperation and dispute resolution. I will only briefly comment on institutional mechanisms for civil society participation, as these issues have been canvassed elsewhere, and are also addressed in this volume. Finally, since a large part of social and environmental issues are not directly linked to trade and investment, I will briefly discuss the development of other, parallel forums for hemispheric cooperation on the environmental and social challenges of the western hemisphere, and consider whether these forums are strong enough to address overlapping agendas, as well as the mechanisms for coordination between these forums and the trade liberalization treaty process

Legal Aspects of Implementing the Cartagena Protocol on Biosafety

This book, the first in a new series that focuses on treaty implementation for sustainable development, examines key legal aspects of implementing the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (CBD) at national and international levels. The book provides a serious contribution to the current legal and political academic debates on biosafety by discussing key issues under the Cartagena Protocol on Biosafety that affect the further design of national and international law on biosafety and analysing recent progress in development of domestic regulatory regimes for biosafety. This text also examines the legal, political, economic, and practical challenges and solutions encountered in recent efforts to develop and implement domestic biosafety regulations, with a focus on developing countries. Coming after the fifth Conference of the Parties serving as the meeting of the Parties (COPMOP) to the Cartagena Protocol on Biosafety (COP-MOP 5), where the Parties adopted a new Nagoya – Kuala Lumpur Protocol on Liability and Redress, this timely book examines recent developments in biosafety law and policy