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Greg Maggio, Independent Consultant
Owen J. Lynch, Senior
Attorney
Center for International Environmental Law
November 15, 1997
Revised Draft
CONTENTS
I. Introduction
Connecting Human Rights, the Environment and Economic Development
The Earth Council's Environmental Ombudsman Function
II. Overview of the Process of International
Law
Policy Science and Contemporary International Law
Classical Theories: Natural Law and Positivism
Policy Science
Objects and Subjects" or "Participants"
The "Classical" Statist Approach
Challenges to the "Classical" Approach
The Emerging Order
"Hard" Law and "Soft" Law
Distinctions Between Rules, Principles and Rights
III. Existing (Putative) International Rights
Self Determination and Permanent Sovereignty over Natural Resources
Right to Development
Correlative Rights of Right to Development
Right to Adequate Standard of Living
Right to Cultural Integrity
Right to Education and Right to Adequate Information
Right to Adequate/Healthy Environment
Right to Participation
Inter-state Context
Non-state/Intra-state Context
IV. Overview of Existing and Emerging Legal
Principles
Intergenerational Equity
Problems Addressed by Inter-Generational Equity
Inter-Generational Dimension
Inter-Generational Equity in Case Law
Intra-Generational Dimension/Environmental Justice
Common but Differentiated Responsibilities ("CDR")
Equitable Sharing of Benefits
Between State Actors
Equitable Sharing with Non-State Actors
Stockholm Principle 21
Implications in the Development of International Law
The Precautionary Principle
Applications in International Instruments
Implications for Sustainable Development
Environmental Impact Assessments (EIAs)
Cost Effectiveness Measures
V. Evolution of a New "Tripartite Approach"
International Human Rights Law
International Environmental Law
International Economic Development Law
Emergence of "North" vs. "South" Equity Issues
"Development" as Articulated in International Instruments
International Law on Sustainable Development
VI. Conclusion
Bibliography
For more information, contact: Owen J. Lynch
(olynch@ciel.org). |