international law

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SUSTAINABLE DEVELOPMENT OF NATIONAL ENERGY RESOURCES: WHAT HAS INTERNATIONAL LAW GOT TO DO WITH IT?

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Catherine Redgwell*

INTRODUCTION

It is particularly apt to be addressing the sustainable development of energy resources before this august audience. As Professor Omorogbe states in her welcome address, the ILA Nigerian Branch Committee, under the auspices of which this Third Annual Conference is organized, replicates the international committee at national level. Indeed, the topic of “Legal Aspects of Sustainable Development” has been the subject of ILA study since the International Committee on the Legal Aspects of the New International Economic Order reconstituted itself as the International Committee on Legal Aspects of Sustainable Development at the 1992 Cairo ILA Conference.1

* BA (Hons), LLB, MSc, Chichele Professor of Public International Law, Fellow of All Souls College, and Co-Director of the Oxford Martin Programme on Sustainable Oceans, University of Oxford, United Kingdom.

1 ILA Report of the Sixty-Fifth Conference (Cairo, 1992), Resolution 12. The Committee was headed by Kamal Hossain (Bangladesh) with Nico Schrijver (Netherlands) as General Rapporteur. Illustrating the complexity of the subject, the Committee immediately established three subcommittees on protection of the environment, good governance and the international economic order, respectively: Report of the Sixty-Sixth Conference (Buenos Aires, 1994) p. 135. Sustainable development was also one of the principles examined by the ILA Committee on the Legal Principles Relating to Climate Change.

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INTERNATIONAL LEGAL PROTECTION FOR CLIMATE REFUGEES: WHERE LIES THE HAVEN FOR THE MALDIVIAN PEOPLE?

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Simran Dolla*

ABSTRACT

Climate change and sea level rise are not just mere words for the Maldivian people; they are a grim reality that is consuming their nation. Sea level rise presents one of the gravest dangers for the Maldives because of its already low-lying characteristics. As the levels continue to rise, the nation is sinking into extinction. Some 300,000 people of the Maldives are on the brink of losing their homes and becoming climate change refugees. The existing international laws are not only ill-equipped to provide protections or the much-needed relief, they also make no mention of climate change refugees. Therefore, as the Maldivians await the result of the 2015 Paris Convention whose purpose is to achieve a binding universal agreement on climate change, they continue to face numerous human rights violations. Additionally, the loss of a nation does not only mean the loss of a home, it also means the loss of sovereignty at the international level. However, at the present time, finding a safe haven for its people is at the top of the Maldives agenda. The former president of the Maldives, Mohamed Nasheed, fought vigorously to bring the issue of sea level rise and climate change to the forefront. Knowing that such a day where he would have to move his people was not far in the distance, he also made plans to relocate. India and Australia have both been considered possible new homes; however, are both countries willing to take in such a large infiltration of refugees? What are the repercussions of moving to these countries? Would an artificial island possibly be the home the Maldivians are looking for? This article examines the options the Maldives has for relocation and why perhaps an artificial island may be a better solution.

Keywords: Maldives, climate change, refugees, justice, protection, international law.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i1.1

* J.D. (cum laude), Florida A&M College of Law, United States of America.

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INTERNATIONAL LAW AND THE RESPONSIBILITY TO PROTECT: LEGAL AND THEORETICAL BASIS FOR INTERNATIONAL INTERVENTION IN NIGERIA

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Oyeniyi Ajigboye*

ABSTRACT

One of the primordial aims of international law is to foster international co-operation, peace, security and amicable relations among nations of the world. Internal conflicts, however, continue to pose threat to the international order and development globally. Consequently, the Responsibility to Protect (R2P) principle has recently gained recognition as an emerging norm of international law that enjoins the international community to intervene when countries fail to protect their populations from mass atrocity crimes namely: genocide, crimes against humanity, war crimes and ethnic cleansing. One of the key foundations of the emerging R2P norm is the principle of intervention which allows international action whenever it is necessary and justifiable to reduce or resolve internal conflict among the constituent States of the world. Despite the growing application of the norms of intervention in international law, its practical implementation and effects have been received with mixed feelings. There are especially, questions whether interventions really aid or hinder international peace and security, although it may be functional to avert apparent helpless situations. This paper examines the imperatives of intervention in internal conflicts and its continued relevance in international law. It also comments on the applicability and desirability of international intervention in Nigeria in response to the Boko Haram conundrum. It argues that although intervention is appropriate as it were to protect Nigerian citizens from Boko Haram in the apparent failure of the Nigerian government so to do, international intervention should be properly regulated to ensure that it is not used as a tool to jeopardize sustainable development in Nigeria as well as in other developing countries.

Keywords: Intervention, R2P, Internal conflicts, and International Law

* LL.M (Ibadan), B.L (NLS, Abuja), ACIArb.UK; Email: oyeajigboye@gmail.com.

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ARE WE THERE YET? A LEGAL ASSESSMENT AND REVIEW OF THE CONCEPT OF SUSTAINABLE DEVELOPMENT UNDER INTERNATIONAL LAW

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Evgenia Pavlovskaia*

ABSTRACT

Some of the most consistently utilized terms in international environmental law are “sustainable development” and “sustainability”. Sustainable development is mentioned in virtually every domestic, regional and international laws on environment, energy and natural resources. This has led to the contentions by some scholars that the concept of sustainable development has matured into customary international law, or at least has become a general principle of international environmental law. Many researchers, however, argue that the idea of sustainable development is vague, elusive and does not add much to the efficient implementation of international environmental law. This article aims to examine and discuss these views. In this paper, the content of the widely used concepts “sustainability” and “sustainable development” are studied from the perspective of their implementation in different parts of the world. The article examines the status of the concept of sustainable development under international law, its implementation across sectors, its key contributions to international law and how its practical actualization can be further strengthened. The article sets out with a broad inter-disciplinary review of the existing definitions of the concepts “sustainability” and “sustainable development”. The article will then examine examples of how “sustainability” and “sustainable development” are incorporated in contemporary environmental law, in order to highlight its current status under international law and its overall influence on different spheres of our life. Major difficulties and challenges associated with implementing and enforcing sustainability are also examined. It is suggested that market systems should be supplemented by political processes and legal regulations that include special mechanisms and tools to protect and control the health of the environment. Growing awareness of sustainability, primarily environmental, among produces is viewed in the article as a very positive trend. It is welcomed that more and more industries are engaged in sustainable production throughout the entire product life cycle. The use of such tools as sustainability criteria, sustainability standards and eco-labels must also be promoted.

Keywords: sustainability, sustainable development, implementing sustainability, industrial sustainability.

∗ Evgenia Pavlovskaia, PH.D Student, Law Faculty, Lund University, Sweden, email: evgenia.pavlovskaia@jur.lu.se

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CLIMATE CHANGE, FORCED MIGRATION, AND INTERNATIONAL LAW A book by Jane McAdam (New York: Oxford University Press, 2012)

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Demola Okeowo*

OVERVIEW

The book Climate Change, Forced Migration, and International Law is an authoritative compendium of the real issues in discourse on climate change related movement and its implications in international law. Prior to reading this book, I had read a lot of articles and stories on blogs, which have exaggerated the issue of ‘climate change refugees’. Some of the articles went to the extent of saying that some States will in fact disappear completely at the end of a given time if nothing drastic is done about climate change.1 Professor McAdam describes these authors as ‘alarmists’.2

* LL.B, BL (Nigeria), LL.M (Groningen, The Netherlands), LL.M (Queen’s, Canada), Doctoral Student, Faculty of Law, University of British Columbia, Canada. I am grateful to Professor Benjamin Richardson of the Faculty of Law, University of British Columbia, Canada who recommended the book under review to me

1 Ajay Chhibber, “Statements at the Pacific Islands Forum Leaders’ Meeting” UNDP Cairns Convention Centre, (6 August, 2009).

2 Jane McAdam, Climate Change, Forced Migration, and International Law (New York: Oxford University Press, 2012) 26.