The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice

The aim of this paper is to present the regulation of sustainable development on international level. The sustainable development was defined in the middle of 1980s and from that moment it incites discussions among lawyers about its relevance in international law. Some authors state that it is not a...

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Main Author: Tubić Bojan
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2013-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791303391T.pdf
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author Tubić Bojan
author_facet Tubić Bojan
author_sort Tubić Bojan
collection DOAJ
description The aim of this paper is to present the regulation of sustainable development on international level. The sustainable development was defined in the middle of 1980s and from that moment it incites discussions among lawyers about its relevance in international law. Some authors state that it is not a fully formed principle but that it is in the process of creation. The exception from this opinion is the position of the Judge Weeramantry in the Case Gabčíkovo-Nagymaros before the International Court of Justice. Since it is a principle, it does not contain clearly defined rights and duties but it is formulated generally and even vague regarding its legal effects. However, it is a legal principle which, contrary to moral or political principles, has binding legal effects and cannot be neglected. It is contained in several international treaties and it is also a part of the European Union Law. The principle of sustainable development is connected with the precautionary principle, environmental impact assessment and other principles.
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spelling doaj.art-e6a84021a2a24a83bbcadaf37b1e46b42022-12-22T03:43:37ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552013-01-0147339141110.5937/zrpfns47-49800550-21791303391TThe principle of sustainable development in international legal acts and judicial practice of the International Court of JusticeTubić Bojan0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaThe aim of this paper is to present the regulation of sustainable development on international level. The sustainable development was defined in the middle of 1980s and from that moment it incites discussions among lawyers about its relevance in international law. Some authors state that it is not a fully formed principle but that it is in the process of creation. The exception from this opinion is the position of the Judge Weeramantry in the Case Gabčíkovo-Nagymaros before the International Court of Justice. Since it is a principle, it does not contain clearly defined rights and duties but it is formulated generally and even vague regarding its legal effects. However, it is a legal principle which, contrary to moral or political principles, has binding legal effects and cannot be neglected. It is contained in several international treaties and it is also a part of the European Union Law. The principle of sustainable development is connected with the precautionary principle, environmental impact assessment and other principles.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791303391T.pdfsustainable developmentlegal principleenvironmentInternational Court of Justice
spellingShingle Tubić Bojan
The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice
Zbornik Radova: Pravni Fakultet u Novom Sadu
sustainable development
legal principle
environment
International Court of Justice
title The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice
title_full The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice
title_fullStr The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice
title_full_unstemmed The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice
title_short The principle of sustainable development in international legal acts and judicial practice of the International Court of Justice
title_sort principle of sustainable development in international legal acts and judicial practice of the international court of justice
topic sustainable development
legal principle
environment
International Court of Justice
url http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2013/0550-21791303391T.pdf
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