The role of international law in promoting the sustainable development of natural resources: a focus on living resource regimes

Abstract

This thesis seeks to evaluate the normative status and content of sustainable development, which has been broadly accepted in international instruments as the method for promoting conservation of resources of biological diversity and for facilitating harmonization of socio-economic development with environmental protection in general. The primary aims of this study are: l) to evaluate whether existing international legal regimes are effectively enhancing or inhibiting the sustainable development of resources of biological diversity; and 2) to discuss the legal status of sustainable development, as this relates to conservation of biodiversity, and the emergence of normative components suggesting the future direction of law in this area. The text focuses on three central concerns: equity in access and consumption of resources, maintenance of environmental quality, and promotion of socio-economic development. The methods by which international legal instruments propose to harmonize these three dimensions are discussed in detail, with emphasis on emerging concepts such as "common but differentiated responsibilities", "equitable sharing of benefits", as well as more established norms such as the "precautionary principle". The text analyzes existing international treaties, as well as model instruments, dealing with management of biodiversity and discusses their effectiveness in realizing conservation in the light of existing scientific data and socio-economic realities. The thesis also seeks to prescribe means by which the international regimes and related national implementation efforts can be more successful in realizing sustainable development of biodiversity through effective use of existing and emerging legal norms. The text pays particular attention to the status· of non-governmental organizations and indigenous and other long-term occupant communities. These groups play a key role in the achievement of sustainable development of natural resources, and are having a significant impact on the development of legal norms for realizing this process. It is hoped that thesis will offer some insights regarding the current status of international law in the field of sustainable development as this relates to conservation of resources of biological diversity, and provide some useful insights for enhancing its effectiveness.