chapter  6
25 Pages

Sustainable development challenges in international dispute settlement

WithCairo Robb, Marie-Claire Cordonier Segger, Caroline Jo

This chapter surveys how international courts, tribunals and dispute settlement bodies are currently engaged in resolving disputes on trade and investment related to sustainable development, on human rights related to sustainable development, and on the environment related to sustainable development. The Sofia Guiding Statements seek to assist and inspire courts and tribunals in their crucial tasks towards strengthening global governance by lending at least procedural and possibly normative coherence to decision making in harmony with the pursuit of the concept of sustainable development. The growing trend towards regional arrangements for economic cooperation and integration has resulted in dedicated dispute settlement arrangements pursuant to them. The North American Agreement on Environmental Cooperation (NAAEC) was adopted in 1993 as part of the movement towards North American economic integration to ensure that conclusions of the NAFTA did not compromise domestic environmental standards. NAEEC established the Commission on Environmental Cooperation (CEC) to facilitate cooperation between States parties and monitor implementation of the NAAEC.