Volume 14: Issue 1 (2018)
Judicial Education for Sustainability
Laurel Besco
Abstract: Is there a need for judicial education on sustainability? This paper argues that given the increasing relevance and widespread nature of sustainability, it is important for judges to be educated on these concepts. Further, there is some evidence that both an identified need and judicial acceptance for judicial education programs on sustainability does exist, at least in some parts of the judiciary. This analysis draws on international statements, conferences, symposia, case law, and comments made by those within and outside the judiciary to demonstrate this need. While judicial education on sustainability is a global need, the specific content of the education might vary between countries. This article provides several examples of what judicial education curricula might focus on in different jurisdictions, including a discussion of the importance of context and its role in shaping country-specific programs. The paper concludes by demonstrating that the judiciary is and will continue to be called upon to adjudicate on matters of sustainability as well as other related concepts, as they increasingly become part of jurisprudence, legislation, and government action. Therefore, judicial education for sustainability is of growing importance.
Zobaida Khan
Abstract: As a preambular objective of the international trade regime, sustainable development (SD) has caused identifiable interpretative shifts in some post-WTO decisions. Yet, the shift has been negligible in situations where opposing or contesting rules, norms, or principles from other international regimes challenged the determination of boundaries between trade and trade-related rights. Depicting the incoherency in the judicial decisions, this article argues that trade-SD debate should not just focus on reorienting the adjudicatory task towards attending to SD issues, or borrowing rules, norms, or principles from other regimes, or measuring the level of adjudicators’ expertise or the quality of their decisions. Rather, the focus should be on operationalizing SD in trade regulation. In this regard, some relevant questions are whether it is possible to address the complex demands of different member states and their constituents at a judicial site, or whether the adjudicatory body can or should resolve issues that are not necessarily confined to the disputing parties. Considering multiple challenges such as regulatory diversities within and between states, the complexities in addressing the concerns of marginalized participants of the trading system, the absence of public opinion in the judicial proceedings, and the fragmented and weakened governance of social and environmental issues, this article suggests focusing on non-judicial regulatory bodies where the normative potential of SD would produce a much more beneficial and realistic outcome.
Alexandre Lillo
Abstract: The context surrounding water in the Province of Quebec stands out through a precursor attempt of unifying legal and management opportunities of this resource. On the basis of its legislative powers, the Government of Quebec launched a provincial policy in the fall of 2002, after a few decades of work and research. The modernization of the legal framework of water management proposed by the Politique nationale de l’eau (PNE) still remains a unique initiative in Canada. After 15 years, new political orientations are about to be adopted with the Stratégie québécoise de l’eau 2018- 2030. Therefore, the time has come to assess the innovations and the tools introduced by the PNE. In the light of environmental ethics, the legal regime stemming from the PNE is to be tempered. Certainly, it is a legitimate effort to enact the hybrid characteristics of water, but on the other hand, it uncovers a gap in taking into account the socio-natural dimensions of this resource.
Book Review—The Privatisation of Biodiversity? New Approaches to Conservation Law
Sara L. Seck
Abstract: The Privatisation of Biodiversity? New Approaches to Conservation Law, written by Colin T Reid and Walters Nsoh, is a recently published addition to the Edward Elgar book series New Horizons in Environmental and Energy Law. The book explores how “private rights and market devices” may serve as an alternative to “direct ‘command and control’ regulation”, and so ensure that the use of natural resources remains within ecological limits, while preventing the loss of habitat, habitat degradation, and species extinctions.1 A diverse range of mechanisms are considered under the “privatisation” heading, with “an emphasis on private law frameworks” that enable private initiatives, choices, and funding, rather than viewing conservation as an enterprise predominantly “controlled and directed by public authorities”(...).
Mariam Rita Fawole Masini
Abstract: Small Island Developing States (SIDS) are especially vulnerable to the adverse effects of climate change. This article describes the evolution of international law on climate change and examines the notion of climate justice for developing countries, particularly SIDS under the Paris Agreement. In order to make the most out of international law, Caribbean SIDS and Pacific SIDS have established regional agreements on climate change. African SIDS do not, however, have any similar framework for cooperation. This article presents an account of why and how African SIDS should consider a regional approach for climate change coordination. The article finds that African islands are under-represented in global climate change fora, despite the proliferation of climate change initiatives on the African continent. The prospect of a regional alliance is proposed as an opportunity for operationalizing the Paris Agreement. The adoption of a regional approach to climate change may address common needs, enhance the sharing of experiences, and provide a pool that dilutes risk for individual African SIDS. This article highlights the advantages and limitations of a regional approach, and offers a brief outline of the steps that should be taken toward a regional framework.
