99159 - THE INTERNATIONAL LAW ON SUSTAINABLE DEVELOPMENT

Learning outcomes

Since the 1987 Bruntland Report, the principle of sustainable development established itself as one of the distinctive features of the international community and national policies, until it led, in 2015, to the adoption by consensus, by the General Assembly of the United Nations, of the 2030 Agenda with its sustainable development goals (SDGs). Sustainable development and the 17 SDGs of the 2030 Agenda are now recalled by the main international agreements - not only those relating to the environment, but also the treaties on trade liberalization and the protection of investments - while the protection of cultural heritage is recognized as an articulation of the very notion of sustainable development. Sustainable development and SDGs are increasingly referred to in the international case law (from the International Court of Justice to the adjudicating bodies of the WTO, and the arbitration tribunals on investments), and are placed at the basis of the formulation of national, regional and international policies, in particular the reform processes of the main international cooperation systems, starting with the World Trade Organization. The aim of this course is to provide the student with the knowledge of the impact of sustainable development on International Law and thus on our society, showing how economic development needs to be constantly combined with environmental protection and social progress, and through which tools this integrated approach may be achieved. The course will also illustrate the way in which the principle of sustainable development is considered and applied by institutions, administrations and judicial bodies, with the constant search for the systematic involvement of civil society.

Course contents

The course "The International Law on SUstainable Development" is co-funded by the European Union. It is one of the three courses of the Jean Monnet Chair "SustainEUorPlanet - The EU as a Global Actor in the International Law for the Sustainable Development of the Planet – Advancing Fairness, Expanding Accountability and Promoting Security". SustainEUorPlanet is the development of the Re-Globe Jean Monnet Module (2022-2025).

The SustainEUorPlanet Project offers an interdisciplinary and critical analysis of international policies and legal frameworks of the European Union aimed at economic and social equity, respect for the environment, access to clean energy and essential goods, and the search for security to overcome geopolitical tensions and asymmetries. SustainEUorPlanet has a dual purpose. On the one hand, it offers a set of activities that provide for the training of an excellent management and academic class, involving EU, national and international officials, politicians, NGOs, companies and public administrations. On the other hand, the Jean Monnet Chair project studies and analyses the role of the EU as a global player in constantly promoting a sustainability agenda for trade, environment, energy and climate policies, highlighting the importance of the responsibility of economic actors and the relevance that EU citizens can have in shaping and enforcing the EU's external instruments through participation and transparency. Equal attention is paid to security policy in the context of the global economy (see the project's webpage and LinkedIn account).

Programme of the Course

The course addresses the affirmation of the principle of sustainable development in the international legal system. It will consider the origin of the principle, its subsequent strengthening, widening and articulation in different fields of International Law, and the way in which has been considered in the international case law, by and within international organizations and most prominent international actors, in primis the European Union. Each of the topics considered during the lectures will highlight the Sustainable Development Goals (SDGs) of the UN 2030 Agenda to which it can be traced.

The following will be the structure of the course:

From the 1987 Bruntland Report to the UN 2030 Agenda

The legal nature of the principle of sustainable development

The international case law: sustainable development before the International Court of Justice

Sustainable development in climate change agreements

Sustainable development and international cultural heritage law

Sustainable development in the WTO system

The integration of sustainable development in international investment agreements

The international arbitration case law on sustainable development in international investment agreements

Sustainable Development Chapters in EU Free Trade Agreements

International case law concerning labour standards in free trade agreements

International trade and sustainable textiles

Sustainable development and the law of the sea

Sustainable development and biodiversity

Transparency, participation and good governance as principles of sustainable development

Readings/Bibliography

For students attending the lectures an ad hoc programme will be defined, providing materials and power points during each week of lectures.

For students not attending the lectures it is required the reading of the following texts:

Stephanie Schacherer, Sustainable Development in EU Foreign Investment Law, Leiden-Boston, 2021, pp. 1-99

Marie-Claire Cordonnier Segger, Crafting Trade and Investment Accords for Sustainable Development - Athena's Treaties, Oxford, 2021, pp. 121-263

Teaching methods

The course will last 42 hours. Each lecture will be of 3 hours. Lectures will be interactive. Each week materials and power points will be provided and uploaded on the Virtuale platform 

Assessment methods

Oral exam

Teaching tools

Ad hoc materials, power points, video

Everything will be uploaded on the Virtuale platform

Links to further information

https://site.unibo.it/sustaineuorplanet/en

Office hours

See the website of Elisa Baroncini