Researching Sustainable Development Law (SDL)

Charlotte Daugherty is the Legal Research Librarian for Foreign & Comparative Law at U.C. Berkeley School of Law. She has earned her J.D. from University of Wisconsin-Madison and an M.L.I.S. from the University of Washington.

1. Introduction

The concept of sustainable development has existed since ancient times. The modern movement to incorporate sustainable development precepts into international law has taken much longer to develop and has been advanced through the efforts of the United Nations and national governments in the latter half of the 20th century. Since then, the momentum has grown and has produced policies, programs, and laws in the form of international agreements and policies that foster cooperation in pursuit of sustainable development goals. Scholars, citizens, and government officials continue to grapple with the tension between Earth’s finite natural resources and the needs of both current and future generations. In 1972, the U.N.’s Stockholm Conference on the Human Environment focused on ecological damage and the need for industrialized nations to assist developing countries. “The link between poverty and environmental degradation is well-recognized and constitutes, unfortunately, a vicious cycle: poverty leads to environmental degradation which, in turn, leads to more poverty which leads to even more environmental degradation.” [1]

This guide provides search tips and links to significant sustainable development law, policy, and literature but is not intended to be comprehensive. Researchers will likely find the interdisciplinary nature of this field to be challenging, and evolving policy and scholarly discussion will continue to add new sources that researchers should consult.

2. Research Tips

Using bibliographies from known sources is one of the best ways to find additional research about a topic. To find newer sources, using library catalog subject headings is another simple method that produces fewer and more relevant search results. Find subject headings either in the library catalog record of a useful book or article or by using the subject headings suggested below to begin a search in a library catalog. Keep in mind Mary Rumsey’s note in her GlobaLex article Basic Guide to Researching Foreign Law, that “[n]ot every country will have materials indexed under every subject heading.” Additional keyword searching might be necessary to locate a broader array of material.

• Sustainable development — Law and legislation
• Sustainable development — Law and legislation — [country]
• Sustainable development — International cooperation
• Environmental law, International
• Environmental protection — International cooperation
• Sustainable development
• Sustainable development — Environmental aspects
• Sustainable development — Environmental aspects — [country]

3. Selected Books

Selected books by influential authors in the field of international sustainable development law are listed below. The links provide access to each book’s table of contents or synopsis to facilitate review of the topics each book covers. Titles are listed in reverse order of publication date.

• Michael Byers & Aaron Boley, Who Owns Outer Space? International Law, Astrophysics, and the Sustainable Development of Space (2023). Professors of global law and astronomy co-author this book about the increasing need for regulation of outer space.
• Marie-Claire Cordonier Segger et al. eds., Intergenerational Justice in Sustainable Development Treaty Implementation: Advancing Future Generations’ Rights Through National Institutions (2021). “Expert contributors provide serious scholarly and practical discussions of the theoretical, institutional, and legal considerations inherent in intergenerational justice on the local, national, regional, and global scale.”
• Rae Lindsay & Roger Martella, Corporate Social Responsibility, Sustainable Business: Environmental, Social, and Governance Frameworks for the 21st Century (2020). The authors explore sustainable development law’s new direction and provide practical knowledge for corporate lawyers.
• Sebastien Jodoin & Marie-Claire Cordonier Segger, Sustainable Development, International Criminal Justice, and Treaty Implementation (2015). This book includes contributions from both academics and practitioners by examining the intersection between international criminal law and SDL.
• Elena Blanco & Jona Razzaque, Natural Resources and the Green Economy: Redefining the Challenges for People, States, and Corporations (2012). This edited compilation explores “the link between investment, trade and natural resource management in the context of the growing economic inequalities between states.”
• Jamie Benidickson et al, Environmental Law and Sustainability after Rio (2011). Academics from around the world examine the development of environmental law and sustainability since the 1992 U.N. Conference on Environment and Development in Rio de Janeiro.
• Nico Schrijver, The Evolution of Sustainable Development in International Law: Inception, Meaning and Status (2008). This is the second volume in The Hague Academy of International Law Pocketbook Series and contains the text of Professor Shrijver’s Hague Academy course. The book examines the history of sustainable development and assesses the extent to which relevant fields of international law are responding.
• Benjamin J. Richardson & Stepan Wood Stepan, Environmental Law for Sustainability: A Reader (2006). This interdisciplinary reader includes original essays from both international and comparative perspectives on sustainable development law. Topics covered range from predictions and developments to risk assessment, self-regulation, and challenges for developing countries.
• Duncan French, International Law and Policy of Sustainable Development (2005). In addition to environmental and economic concerns, the book considers the politics of sustainable development and legal implications. Relevant legal instruments are critically examined. The author concludes with challenges for future implementation.
• Markus W. Gehring & Marie-Claire Cordonier Segger, Sustainable Development in World Trade Law (2005). In this collection of papers, sponsored by the Centre for International Sustainable Development Law, the authors review developments in WTO negotiations and WTO Appellate Body decisions from an SDL perspective.
• Marie-Claire Cordonier Segger & C. G. Weeramantry, Sustainable Justice: Reconciling Economic, Social, and Environmental Law (2005). This edited collection includes a preface by Harold Koh and contributions from judges, academics, and stakeholders. Chapters cover issues of implementation, courts and tribunals, recommendations for the future as well as specific examples of and concerns related to SDL.
• Nico Schrijver & Friedl Weiss, International Law and Sustainable Development: Principles and Practice (2004). The efforts of policymakers and interest groups to invoke and rely upon international law to further the goals of sustainable development are assembled and explored. It includes examples of the practice of states and of relevant international organizations.
• Marie-Claire Cordonier Segger & Ashfaq Khalfan, Sustainable Development Law: Principles, Practices, and Prospects (2004). Marie-Claire Cordonier Segger is a leading figure in the field of SDL. Not only is she a prolific author, but she has provided legal advice on the implementation of international treaties on sustainable development to the U.N. and to governments around the world. The first chapters of this book discuss the origins of the Sustainable Development concept and the results of the 2002 World Summit for Sustainable Development in Johannesburg. The book also summarizes the 62 pages of the Johannesburg Plan of Implementation and the New Delhi Declaration of Principles. The final section of this book focuses on the future of sustainable development law and provides proposals for future legal research. “Sustainable development law is both an emerging body of legal principles and instruments, as well as an ‘interstitial norm,’ a concept that serves to reconcile conflicting environmental, social, and economic development norms in international law, in the interest of present and future generations” Id. at 365.

4. Selected Series & Periodicals

• University of Missouri School of Law, Journal of Environmental and Sustainability Law
• McGill University, Faculty of Law, The McGill Journal of Sustainable Development Law
• American University, Washington College of Law, Sustainable Development Law & Policy Journal
• M. Nijhoff Publishers, Legal Aspects of Sustainable Development series
• Cambridge University Press, Treaty Implementation for Sustainable Development series
• Routledge, Yearbook of International Cooperation on Environment and Development (1992– 2004), International Environmental Governance Set

5. International Agreements and Other Documents

From Duncan French, International Law and Policy of Sustainable Development x-xvi (2005); Marie-Claire Cordonier Segger & Ashfaq Khalfan, Sustainable Development Law: Principles, Practices, and Prospects (2004); and from U.N. Sustainable Development websites.

 

1945	Charter of the United Nations. Articles of Agreement of the International Monetary Fund and Articles of Agreement of the International Bank for Reconstruction and Development, Dec. 27, 1945, 2 U.N.T.S. 39, 134.
1946	International Convention for the Regulation of Whaling, Dec. 2, 1946, 161 U.N.T.S. 72.
1947	General Agreement on Tariffs and Trade [GATT 1947], Oct. 30, 1947, 55 U.N.T.S. 194.
1948	G.A. Res. 217 (III) A, Universal Declaration of Human Rights, (December 10, 1948).
1957	Treaty of Rome Establishing the European Economic Community [Treaty of Rome], March 25, 1957, 294 U.N.T.S. 3.
1958	Convention on Fishing and Conservation of the Living Resources of the High Seas, April 29, 1958, 559 U.N.T.S. 285.
1960	Convention of the Organization for Economic Co-operation and Development [OECD Convention], Dec. 14, 1960, 888-I U.N.T.S. 179.
1966	International Covenant on Economic, Social and Cultural Rights, Dec. 16, 1966, 993-I U.N.T.S. 3.
1969	Vienna Convention on the Law of Treaties, May 23, 1969, 1155 U.N.T.S. 331.
1972	United Nations Conference on the Human Environment, Declaration of the U.N. Conference on the Human Environment [Stockholm Declaration], p.3, U.N. Doc. A/CONF/48/14/REV.1 (June 5-16, 1972).
1973	Convention on International Trade in Endangered Species of Wild Fauna and Flora [CITES], March 3, 1973, 993 U.N.T.S. 3.
1974	G.A. Res. 3201 (S-VI), Declaration on the Establishment of a New International Economic Order (May 1, 1974).
1982	United Nations Convention on the Law of the Sea [UNCLOS], Dec. 10, 1982, 1833 U.N.T.S. 3.
1986	G.A. Res. 41/128, U.N. Declaration on the Right to Development (December 4, 1986).
1987	Report of the World Commission on Environment and Development: Our Common Future [Brundtland Report], U.N. Doc. A/42/427, annex (Aug. 4, 1987).
1990	Agreement Establishing the European Bank for Reconstruction and Development, May 29, 1990, 1646 U.N.T.S. 97.
1992	Treaty of Maastricht on European Union [Maastricht Treaty, July 29, 1992, 1992 O.J. (C 191) 1. Canada Mexico United States Agreement [North American Free Trade Agreement], Dec. 17, 1992, 32 I.L.M. 289 (1993). Convention on Biological Diversity [Biodiversity Convention, Dec. 12, 1993, 1760 U.N.T.S. 79. U.N. Framework Convention on Climate Change [Climate Change Convention], May 9, 1992, 1771 U.N.T.S. 107. United Nations Conference on Environment & Development, Rio Declaration on Environment and Development [Rio Declaration], U.N. Doc. A/CONF.151/26/REV.1, (vol. I), annex I (August 12, 1992). United Nations Conference on Environment & Development, Agenda 21, U.N. Doc. A/CONF.151/26/REV.1 (vol. I), annex II (August 12, 1992). Economic and Social Council Res. 47/191, http://www.un-documents.net/1993-207.htm, (Jan. 29, 1993).
1994	Agreement Establishing the World Trade Organization [Marrakech Agreement], April 15, 1994, 1867 U.N.T.S. 3. Agreement on Trade-Related Aspects of Intellectual Property Rights [TRIPS], Annex 1C, April 15, 1994, 1867 U.N.T.S. 3. U.N. Convention to Combat Desertification in Those Countries Experiencing Drought and/or Desertification, Particularly in Africa [Desertification Convention], Oct. 14, 1994, 1954 U.N.T.S. 3.
1997	Protocol to the Framework Convention on Climate Change [Kyoto Protocol, Dec. 11, 1997, 2303 U.N.T.S. 162.
2000	G.A. Res. 55/2, Millennium Declaration (September 18, 2000).
2001	Doha WTO Ministerial Declaration, WT/MIN(01)/DEC/1 (November 20, 2001).
2002	World Summit on Sustainable Development, Johannesburg Declaration and Plan of Implementation, U.N. Doc. A/CONF.199/20, at 1, 6 (Aug. 26- Sept. 4, 2002).
2009	Copenhagen Climate Change Conference, The Copenhagen Accord, U.N. Doc. FCCC/CP/2009/11/Add.1, at 4 (Dec. 7-19, 2009).
2012	U.N. Conference on Sustainable Development, Rio+20, Report of the U.N. Conference on Sustainable Development, U.N. Doc. A/CONF.216/16 (June 20-22, 2012) and G.A. Res. 66/288, The Future We Want (July 27, 2012).
2015	G.A. Res. 70/1, Transforming Our World: The 2030 Agenda for Sustainable Development (“2030 Agenda”) (Sept. 25, 2015). Paris Agreement, Dec. 12, 2015, 3156 U.N.T.S. 79.
2019	Sustainable Development Goals Summit 2019 and resulting G.A. Res. 74/4, Political declaration of the high-level political forum on sustainable development convened under the auspices of the General Assembly (Oct. 15, 2019).
2023	Sustainable Development Goals Summit 2023 and resulting G.A. Res. 78/1, Political declaration of the high-level political forum on sustainable development convened under the auspices of the General Assembly (Sept. 29, 2023).

6. Sustainable Development Organizations

• Center for International Environmental Law (CIEL)
• Centre for International Sustainable Development Law (CISDL) “The mission of the Centre for International Sustainable Development Law (CISDL) is to promote sustainable societies and the protection of ecosystems by advancing the under-standing, development and implementation of international sustainable development law. The CISDL is engaged in six primary areas of sustainable development law research, each of which is led by a CISDL Lead Counsel based at a developing or developed country law faculty or international organization.”
• Trade, Investment, & Competition (Finance)
• Biodiversity
• Health
• Climate Change
• Human Rights
• Natural Resources
• The Carter Center Global Development InitiativeInternational Centre for Trade and Sustainable Development (ICTSD)
• International Institute for Environment and Development (IIED)
• International Institute for Sustainable Development (IISD)
  • IISD Events provides information about workshops, webinars, and conferences related to the environment, sustainability, and development.
• International Union for Conservation of Nature (IUCN)
• United Nations
  • U.N. Conference on Trade and Development (UNCTAD)
  • U.N. Development Programme (UNDP)
  • U.N. Department of Economic and Social Affairs (DESA)
  • U.N. Environment Programme (UNEP)
  • U.N. Food and Agriculture Organization (FAO)
  • U.N. Framework Convention on Climate Change (UNFCCC)
  • U.N. Sustainable Development Group (UNSDG)
• United Nations Foundation
• World Bank – Topics in Development

To find additional organizations, please see Yale University’s Public Policy Subject Guide: Govts, Think Tanks, NGOs & IGOs.

7. Academic Programs

• Columbia Law School Sabin Center for Climate Change Law. The Sabin Center focuses on developing legal techniques to combat climate change, training law students and attorneys in these techniques, and providing the public with up-to-date resources on climate law and regulation.
• Harvard Project on Climate Agreements. This program identifies and advances scientifically sound, economically rational, and politically pragmatic public policy options for addressing global climate change.
• University of Michigan School for Environment and Sustainability. The program offers interdisciplinary or dual master’s degrees that allow students to work with various centers and initiatives that focus on sustainable development problems.
• University of Washington School of Law: Law of Sustainable International Development Graduate Program. The Sustainable International Development LL.M. program is the first graduate program at a U.S. law school to focus on international development law.

8. Research Guides

Many research guides are available for the broader topic of International Environmental Law, and often include a handful of resources dedicated to SDL.

• Karina Condra’s Sustainable Development and International Law guide is designed to support a course taught at the Sturm College of Law. The wide variety of issues and integrated nature of SDL is reflected in the numerous tabs, headings, and subheadings. Resources are organized by type (e.g., Secondary Sources, Reference Materials, Statistics), as well as by organization (e.g., United Nations, World Bank, World Trade Organization), and subject (e.g., Indigenous Peoples).
• The University of Washington Law Library’s Sustainable International Development Guide outlines research strategies and contains links to recommended resources.
• United Nations Dag Hammarskjöld Library Research Guides. Example guides:
  • Climate Change – A Global Issue
  • Youth and Sustainable Development

9. Abbreviations

ACP	African, Caribbean and Pacific Group of States
ASEAN	Association of Southeast Asian Nations
CBD	1992 Convention on Biological Diversity
CDF	Comprehensive Development Framework
CISDL	Centre for International Sustainable Development Law
COMESA	Common Market for Eastern and Southern Africa
CSD	Commission on Sustainable Development
EBRD	European Bank for Reconstruction and Development
EC	European Community
ECOWAS	Economic Community of West African States
EIA	Environmental Impact Assessment
EU	European Union
FAO	Food and Agriculture Organization
G7	Group of 7: Canada, France, Germany, Italy, Japan, United Kingdom, United State
G77	Group of 77: non-aligned movement of developing States (often G77 and China)
GATT	General Agreement on Tariffs and Trade
GDP	Gross Domestic Product
GNP	Gross National Product
HDI	Human Development Index
HIPC	Heavily Indebted Poor Countries Initiative
IBRD	International Bank for Reconstruction and Development
ICESCR	International Covenant on Economic, Social and Cultural Rights
ICJ	International Court of Justice
ICSID	International Centre for the Settlement of Investment Disputes
ICTSD	International Centre for Trade and Sustainable Development
IDA	International Development Association
IFC	International Finance Corporation
IFI	International Financial Institution
ILA	International Law Association
ILO	International Labour Organization
IMF	International Monetary Fund
LDCs	Least Developed Countries
MDB	Multilateral Development Bank
MDGs	Millennium Development Goals
MNE	Multinational Enterprise
NAFTA	North American Free Trade Agreement
NEPAD	New Partnership for Africa’s Development
NGOs	Non-Governmental Organizations
NIEO	New International Economic Order
OECD	Organization for Economic Co-operation and Development
OPEC	Organization of Petroleum Exporting Countries
PRGF	Poverty Reduction and Growth Facility
PRSP	Poverty Reduction Strategy Paper
R&D	Research and Development
SAP	Structural Adjustment Programme
SIA	Sustainability Impact Assessment
TRIPS	1994 Agreement on Trade-Related Aspects of Intellectual Property Rights
UDHR	Universal Declaration of Human Rights
U.N.	United Nations
UNCED	1992 United Nations Conference on Environment and Development
UNCTAD	United Nations Conference on Trade and Development
UNDP	United Nations Development Programme
UNEP	United Nations Environment Programme
UNESCO	United Nations Educational, Scientific and Cultural Organization
U.N.T.S.	United Nations Treaty Series
WCED	World Commission on Environment and Development
WHO	World Health Organization
WIPO	World Intellectual Property Organization
WSSD	World Summit on Sustainable Development
WTO	World Trade Organization
WWF	World Wide Fund for Nature (formerly World Wildlife Fund)

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[1] Marie-Claire Cordonier Segger & Ashfaq Khalfan, Sustainable Development Law: Principles, Practices, and Prospects (2004).