University of Hertfordshire Research Archive

        JavaScript is disabled for your browser. Some features of this site may not work without it.

        Browse

        All of UHRABy Issue DateAuthorsTitlesThis CollectionBy Issue DateAuthorsTitles

        Arkivum Files

        My Downloads
        View Item 
        • UHRA Home
        • University of Hertfordshire
        • Research publications
        • View Item
        • UHRA Home
        • University of Hertfordshire
        • Research publications
        • View Item

        Sustainable Development in International Law : Nature and Operation of an Evolutive Legal Norm

        Author
        Barral, Virginie
        Attention
        2299/10004
        Abstract
        The wide dissemination of sustainable development in international law has generated considerable academic interest. However, because of the evasive and flexible content of what has been termed by the ICJ a concept in the Gabcíkovo-Nagymaros case, and more recently an objective in the Pulp Mills case, academic commentary has often struggled to ascertain sustainable development’s legal nature, which has proved a notion defying legal classification. One attractive thesis has been Lowe’s analysis of sustainable development as an interstitial or modifying norm which exerts its normative influence as an interpretative tool in the hands of judges. Its interpretative function is certainly very significant. Judicial bodies have used it to legitimize recourse to evolutive treaty interpretation, as a rule of conflict resolution, and even to redefine conventional obligations. However, beyond this convenient hermeneutical function, by laying down an objective to strive for in hundreds of treaties, sustainable development primarily purports to regulate state conduct. As an objective, it lays down not an absolute but a relative obligation to achieve sustainable development. Such obligations are known as obligations of means or of best efforts. Legal subjects are thus ultimately under an obligation to promote sustainable development
        Publication date
        2012-05
        Published in
        European Journal of International Law
        Published version
        https://doi.org/10.1093/ejil/chs016
        Other links
        http://hdl.handle.net/2299/10004
        Metadata
        Show full item record
        Keep in touch

        © 2019 University of Hertfordshire

        I want to...

        • Apply for a course
        • Download a Prospectus
        • Find a job at the University
        • Make a complaint
        • Contact the Press Office

        Go to...

        • Accommodation booking
        • Your student record
        • Bayfordbury
        • KASPAR
        • UH Arts

        The small print

        • Terms of use
        • Privacy and cookies
        • Criminal Finances Act 2017
        • Modern Slavery Act 2015
        • Sitemap

        Find/Contact us

        • T: +44 (0)1707 284000
        • E: ask@herts.ac.uk
        • Where to find us
        • Parking
        • hr
        • qaa
        • stonewall
        • AMBA
        • ECU Race Charter
        • disability confident
        • AthenaSwan