Law and Sustainable Development

Capital markets facilitate capital growth by mobilizing savings and converting them into investments, and they are therefore a stimulant of economic growth. There is evidence that countries with high savings rates tend to grow faster. Although most sub-Saharan Africa countries recognize the importance of local capital markets and have made efforts to develop them, they have not fully reaped the expected benefits. Hence the need for interventions to accelerate capital market development.

This article questions the status of the principle of non-discrimination as the essence of international human rights law. It describes how the principle has come to be synonymous with the principle of equality and thus understood in practice as the basis on which all human rights are founded. In place of nondiscrimination as the overarching principle of human rights, the article advocates a ‘non-essence’ of human rights a politics of difference, which recognises equality of rights and of opportunity but not equality of being, thereby avoiding an assimilationist ideal which threatens to disregard the oppression, domination and exploitation suffered by different groups of peoples, by different individuals. The article discusses the ideas of a politics of difference, the principle of equality and the proposal is supported by applying an example from each of the three categories of rights: a civil and political right, an economic social and cultural right, and a group right.

This Article will propose and analyze potentially prosecutable cases of alleged global ecocide and propose targeted amendments to Articles 36(3) and (5) of the ICC Rome Statute. These proposed amendments may serve as a blueprint to procedurally ensure environmental expertise at the international judicial level. Ecocide is unfortunately not currently recognized under the Rome Statute. However, certain scholars have suggested defining it as a fifth international crime. This analysis identifies environmental crises, international criminal law expectations and examines the environmental pollution caused by the Russian invasion of Ukraine and the Japanese government’s decision to dispose of radioactive treated water from the wrecked Fukushima-Daiichi nuclear site as examples. These templates vindicate the Article’s recommendation of a need for a Special Prosecutor for Ecocide, recognizing the ICC as the proper court for ecocide prosecution.

Bangladesh is a riverine nation in South Asia that borders the northern littoral of the Bay of Bengal over 580 kilometers of its coastline. Our nation has 213 rivers, and 20 significant bridges have been built across them. There are now five further bridges being built. The Padma Multipurpose Bridge Design Project entails a new fixed crossing of the Padma River in Bangladesh. It will include a new bridge measuring about 6.15 kilometers long across the river, approach viaducts, significant river training works, and roughly 13.6 kilometers of approach roads, as well as bridge end facilities like toll plazas, service areas, and offices. The longest bridge in South Asia will link the country's southwest region with the capital Dhaka, fostering trade and the transportation of products between Mongla, the nation's second seaport, and the rest of the nation. This essay highlights the significance of the Padma Bridge Bangladesh and provides a description of the project's components. The report explores the project's effects on several facets of Bangladesh, both positive and negative. The research also highlights the difficulties encountered during the main bridge and viaducts' field survey construction. According to the report, building the Padma Bridge would greatly boost a number of economic sectors both nationally and locally.

Bangladesh is a riverine nation in South Asia that borders the northern littoral of the Bay of Bengal over 580 kilometers of its coastline. Our nation has 213 rivers, and 20 significant bridges have been built across them. There are now five further bridges being built. The Padma Multipurpose Bridge Design Project entails a new fixed crossing of the Padma River in Bangladesh. It will include a new bridge measuring about 6.15 kilometers long across the river, approach viaducts, significant river training works, and roughly 13.6 kilometers of approach roads, as well as bridge end facilities like toll plazas, service areas, and offices. The longest bridge in South Asia will link the country's southwest region with the capital Dhaka, fostering trade and the transportation of products between Mongla, the nation's second seaport, and the rest of the nation. This essay highlights the significance of the Padma Bridge Bangladesh and provides a description of the project's components. The report explores the project's effects on several facets of Bangladesh, both positive and negative. The research also highlights the difficulties encountered during the main bridge and viaducts' field survey construction. According to the report, building the Padma Bridge would greatly boost a number of economic sectors both nationally and locally.

Human rights law emerged in the 19 th century in a Westphalian international community characterized by sovereign States. This new area of law revolutionized the legal order. It asserted the importance of the human being, regardless of nationality, as a bearer of specific rights defined by the international order. This emerging philosophy gave rise to a new doctrine: the doctrine of humanitarian assistance. In turn, this doctrine led to the concept of the Responsibility to Protect (R2P). The legal basis of R2P and its relevance remains controversial. However, most scholars agree that R2P has a normative quality, whose basis lies between morals and legality. Initially, R2P appeared to have little connection to environmental issues. R2P could only be invoked in major humanitarian disasters constituting international crimes under the Statute of the International Criminal Court (ICC): genocide, crime against humanity, crime of aggression, and war crimes. However, recent legal scholarship has underscored the connections between human rights and environmental health. One example is the growing recognition of the human right to a healthy environment. This right has been recognized in many countries and acknowledged by the United Nations Human Rights Council in Resolution 48/13 (2021) and the United Nations General Assembly in Resolution 76/300 (2022). There is mounting evidence suggesting this right is customary. Building upon these developments, this paper argues that breaches of the right to a healthy environment, if they amount to international crimes as defined in the ICC Statute, could serve as the basis for activating R2P. The right to a healthy environment includes an emphasis on mental health. While this argument previously may have been deemed unreasonable, recent developments on the crime of ecocide and requests to the Office of the Prosecutor of the ICC to investigate Jair Bolsonaro's alleged destruction of the Amazonian Forest as a crime against humanity offer compelling evidence of the evolving legal scholarship on this subject.

The term ecocide was used as early as 1970, when it was first recorded at the Conference on War and National Responsibility in Washington, where Professor Arthur W. Galston “proposed a new international agreement to ban ‘ecocide’”2. Ecocide as a term had no strict definition at that time: “although not legally defined, its essential meaning is well-understood; it denotes various measures of devastation and destruction which have in common that they aim at damaging or destroying the ecology of geographic areas to the detriment of human life, animal life, and plant life”. What was recognised was that the element of intent did not always apply. “Intent may not only be impossible to establish without admission but, I believe, it is essentially irrelevant.” Richard A. Falk, in his draft (1973) Ecocide Convention, explicitly states at the outset to recognise “that man has consciously and unconsciously inflicted irreparable damage to the environment in times of war and peace”. By the end o...

The regulation of the interfaces of private and public interests is a central and recurrent issue of modern law. The centrality of the distinction and the manifold conceptual and practical problems associated with it has moreover been exacerbated over the past fifty years through the dominance of the twin-episteme of law constituted by law and economics and human rights law. Against this background, an alternative approach to and concept of law, transformative law, is briefly introduced. An approach which implies replacing the notions of private and public interests with the concepts of legally constituted public power and societal power. In order to analyse the potential and limits of transformative law, five legal phenomena, central to the other contributions to this special issue, are analysed: public interest litigation; legal mobilisation in the preliminary ruling procedure; bankruptcy proceedings; third-party litigation and the Meta Oversight Board.

An iconic building linking Bangladesh's southwest to its northern and eastern areas is the Padma bridge, which spans the third-largest river in the world with a complicated topology. By boosting production, employment, transportation, and the national and regional economy, this multipurpose bridge is projected to boost GDP growth by 1.2%. This study's primary goal is to pinpoint the greatest challenges encountered during Padma Bridge's construction and explain how sustainable management procedures might be put in place to address such difficulties. The most challenging tasks included finding a suitable site, dealing with complex river morphology, overcoming geotechnical barriers, controlling unfavorable environmental conditions, assembling massive construction equipment and materials, maintaining the construction schedule, and dealing with the COVID epidemic. To resolve these construction challenges, massive river training works and a unique pile foundation design that c...

The term ecocide was used as early as 1970, when it was first recorded at the Conference on War and National Responsibility in Washington, where Professor Arthur W. Galston “proposed a new international agreement to ban ‘ecocide’”2. Ecocide as a term had no strict definition at that time: “although not legally defined, its essential meaning is well-understood; it denotes various measures of devastation and destruction which have in common that they aim at damaging or destroying the ecology of geographic areas to the detriment of human life, animal life, and plant life”. What was recognised was that the element of intent did not always apply. “Intent may not only be impossible to establish without admission but, I believe, it is essentially irrelevant.” Richard A. Falk, in his draft (1973) Ecocide Convention, explicitly states at the outset to recognise “that man has consciously and unconsciously inflicted irreparable damage to the environment in times of war and peace”. By the end o...

An iconic building linking Bangladesh's southwest to its northern and eastern areas is the Padma bridge, which spans the third-largest river in the world with a complicated topology. By boosting production, employment, transportation, and the national and regional economy, this multipurpose bridge is projected to boost GDP growth by 1.2%. This study's primary goal is to pinpoint the greatest challenges encountered during Padma Bridge's construction and explain how sustainable management procedures might be put in place to address such difficulties. The most challenging tasks included finding a suitable site, dealing with complex river morphology, overcoming geotechnical barriers, controlling unfavorable environmental conditions, assembling massive construction equipment and materials, maintaining the construction schedule, and dealing with the COVID epidemic. To resolve these construction challenges, massive river training works and a unique pile foundation design that consists of six floating heaps and one center pile with the largest raking pile in the center were both utilized. To get around the difficulties in superstructural design, longer pre-assembled steel truss girders, pre-tensioned Super-T girders in viaducts, seismic isolation devices, and the largest friction pendulum bearings in the world were all made. Only a small number of people experienced COVID-19 without any fatalities or causing delays in the construction schedule since the Project was kept operational during the COVID-19 period by tightly enforcing the COVID laws and limits on people's mobility. The field of construction management would undergo a paradigm shift with this sustainable management of construction-related difficulties, which might later be used to design more intricate bridges.

This Article argues that the initiatives adopted in order to make parastatals more efficient are inadequate and will not realize the intended objectives unless the chief executives of parastatals are hired on a competitive basis, given more autonomy and the government is committed not only to designing performance contracts that set realistic standards, but also enforcing them strictly. It also contends that there is a need to streamline the multiple regulations that govern parastatals and reform the corporate regulatory framework of the private sector in order to raise standards of corporate governance and, as a result, ensure that the privatized services are managed prudently.

Introduction : HPM Sheikh Hasina Speaking at the inauguration of the Padma Bridge opening ceremony " Padma Bridge is our pride, a symbol of our capacity, our dignity, our strength" The daily Star , Jun 25,2022. Really, the Padma Bridge will be the largest infrastructure project in the country's southwestern region, contributing to the socioeconomic growth of 30 million of people. It connects 21 districts in southwest Bangladesh with the capital, Dhaka, by road and rail, gas and optical fiber.

An iconic building linking Bangladesh's southwest to its northern and eastern areas is the Padma bridge, which spans the third-largest river in the world with a complicated topology. By boosting production, employment, transportation, and the national and regional economy, this multipurpose bridge is projected to boost GDP growth by 1.2%. This study's primary goal is to pinpoint the greatest challenges encountered during Padma Bridge's construction and explain how sustainable management procedures might be put in place to address such difficulties. The most challenging tasks included finding a suitable site, dealing with complex river morphology, overcoming geotechnical barriers, controlling unfavorable environmental conditions, assembling massive construction equipment and materials, maintaining the construction schedule, and dealing with the COVID epidemic. To resolve these construction challenges, massive river training works and a unique pile foundation design that consists of six floating heaps and one center pile with the largest raking pile in the center were both utilized. To get around the difficulties in superstructural design, longer pre-assembled steel truss girders, pre-tensioned Super-T girders in viaducts, seismic isolation devices, and the largest friction pendulum bearings in the world were all made. Only a small number of people experienced COVID-19 without any fatalities or causing delays in the construction schedule since the Project was kept operational during the COVID-19 period by tightly enforcing the COVID laws and limits on people's mobility. The field of construction management would undergo a paradigm shift with this sustainable management of construction-related difficulties, which might later be used to design more intricate bridges.

existing approach of states to the global objective of sustainable development evinces a clear failure to address acts and conduct that are unsustainable in findamental ways. Populations around the world are experiencing the contamination of their freshwater sources and critical ecosystems, the embezzlement of state resources, the forced labour of children and women, and the discriminatory denial of access to food, shelter, medical care, education, and culturalfeedoms without adequate legal recourse. This article argues that serious violations ofthe International Covenant ofEconomic, Social, and Cultural Rights and severe environmental damage can strike at the very foundations oftbe economic, social and Devant l'objectf global de diveloppement durable, l'approche actuelle des Etats est un ichec manifeste qui ne permet pas de faire face aux actes et conduites s'avirant 1. THE PURSUIT OF SUSTAINABLE DEVELOPMENT 2. INDIVIDUAL ACCOUNTABILITY AND GLOBAL SUSTAINABILITY 2.1 The Promise of International Criminal Justice and the Remaining Challenge of Impunity for Economic, Social, Cultural, and Environmental Crimes 2.2 An Illustrative Case Study: The Chevron-Texaco Case in Ecuador 123 2.3 The Need for Individual Accountability 3. CRIMES AGAINST FUTURE GENERATIONS 3.1 The Definition of Crimes against Future Generations 3.2 The Concept of Crimes against Future Generations 128 4. A BRIEF LEGAL COMMENTARY ON CRIMES AGAINST FUTURE GENERATIONS 4.1 The Elements of Crimes against Future Generations 4.2 The Chapeau Element in Paragraph 1 4.3 The Elements of Prohibited Acts 4.4 The Definition of Identifiable Groups or Collectivities in Paragraph 2 5. THE WAY FORWARD FOR CREATING CRIMES AGAINST FUTURE GENERATIONS 5.1 Pathways for Creating Crimes against Future Generations 5.2 Generating a Norm Cascade for Crimes against Future Generations 152 6. OPENING A DIALOGUE FOR THE FUTURE Volume 7: Issue 2 I n the years since the Brundtland Commission's urgent call to take action towards sustainable development,' the international community has adopted commitments, principles, and initiatives aimed at advancing and strengthening "the interdependent and mutually reinforcing pillars of sustainable developmenteconomic development, social development and environmental protectionat the local, national, regional and global levels." 2 By and large, international law and policy on sustainable development has reflected a marked emphasis on the steps that states can adopt to move the world to a more sustainable path. 3 At the forthcoming United Nations Conference on Sustainable Development, to be held in Rio de Janeiro in June 2012, States will likewise continue to focus on the adoption of a programme for policy change, focusing on the transition toward a green economy and institutional reforms aimed at the realisation of sustainable development.

Ecocide laws exist only in a handful of countries and vary in their wording and scope from one jurisdiction to the other. At the international level, no legal instrument provides for a definition of this crime, be it in or as part of a classic Multilateral Environmental Agreement (“MEA”) or as a fifth class of crime under the jurisdiction of the International Criminal Court (“ICC”). Further, none of the existing international mechanisms allow for the effective investigation, prosecution, and adjudication of those most responsible for environmental damages. Meanwhile, scientists’ warnings are increasingly alarming. The sixth mass extinction of species is under way. Climate change is real with human activities as the main cause: it is now commonly accepted that an increasing number of environmental disasters find their origin in overconsumption and the associated over-exploitation of natural resources. To address this environmental descent, a growing number of activists and environmental defenders consider that incriminating “ecocide” would be a solution. While this is an appealing suggestion, the various attempts to develop a criminal definition of the term “ecocide” demonstrate that its implementation faces significant obstacles. Here, the main objective is to clarify the scope and nature of the challenges in establishing such a definition – an essential step in the progress toward criminalizing ecocide.

argues that, in light of climate change, the Rome Statute should be amended to enable the prosecution of corporations and their officers for the destruction of the earth's ecosystems. On April 6, 2022, the Intergovernmental Panel on Climate Change released the third and final part of its report, Climate Change 2022: Impacts, Adaptation and Vulnerability. The news was grim. The Report warned, "Any further delay in concerted anticipatory global action on adaptation and mitigation will miss a brief and rapidly closing window of opportunity to secure a livable and sustainable future for all. (very high confidence)" (D.5.3.). 11,000 climate scientists from 153 countries had said as much two years ago, when they stated "clearly and unequivocally that planet Earth is facing a climate emergency." As climate activist Greta Thunberg asked just last year at Glasgow's COP26, which she dubbed a "failure" and "Greenwash," "what will it take for the people in power to wake up?", concluding that world leaders are simply disingenuous. Her sentiments could be read in the UN General Secretary António Guterres's statement which accompanied the release of the IPCC report. "Some government and business leaders are saying one thing-but doing another. Simply put, they are lying. And the results will be catastrophic.. . This is not fiction or exaggeration. It is what science tells us will result from our current energy policies." Drawn from global research by climate scientists, the IPCC report confirms what many have already concluded. Human-induced climate change has led to "irreversible impacts" beyond the possibility of adaptation. There is at least a 50% chance that global temperatures will rise by 1.5°C in the near term, leading to 3-14% biodiversity loss. Coral reefs will decline by over 70%. Extreme heat events will happen 4.1 times per decade and rising temperatures will affect fresh water availability, e.g, the reduction of Lake Chad, serving 17 million people in the Sahel, which has already shrunk by 90% over the past 60 years. To remain at 1.5°C, carbon emissions will have to be cut by 50% by 2030, at present an unlikely prospect. At 2.0°C, global warming will have more severe consequences, including the acidification of the oceans, the destruction of 99% of coral reefs, depletion of global fishing stocks, desertification of land masses, decline in the populations of pollinating insects, reductions in farm produce and livestock, increased unavailability of clean water, increased number of famines, heightened likelihood of wildfires, tornadoes, and typhoons, the melting of permafrost, and, by 2100, sea level rise of over 2.5 feet, caused by the disappearance of the Greenland and Antarctic glaciers and ice sheets. Island nations like Vanuatu and Kiribati will be inundated, and sea level rise will swamp the globe's major coastal cities, including Tokyo,

The study attempts to ascertain the factors influencing buying behavior of Investors in DSE, Tanzania. Tanzania adopted a privatization policy in 1992 after recognizing that the state enterprises were becoming unbearable burden and the government was unable to sustain them. Despite the implementation of the government reforms and the establishment of DSE, Incorporated in the mid-1990s, the Dar-es-salaam Stock Exchange is a relatively new establishment compared to those existing in other parts of Africa. However, it has not been able to reach the masses as much as it should. In the United States of America, for example, the general population uses the stock markets as a means of savings and growing their wealth. In Tanzania, the majority of the population has no indication of what a stock market is and how it could help them. The study suggests that trading shares is the principal business activity for stock exchanges. Whether due to lax standards, poor supervision, weakness in the e...

Codified in Articles 27 and 15(1)(a) of the International Covenant on Civil and Political Rights [ICCPR] and International Covenant on Economic, Social, and Cultural Rights [ICESCR], respectively, cultural rights are still read as distinct from linguistic and religious freedoms. The ICCPR vests cultural rights only in “persons belonging to minorities”, instead of groups. This paper attempts to analyze the reasons for the deficiencies in the ICCPR/ICESCR cultural rights regimes. In so doing, it unpacks the implications of these deficiencies for three current conflicts in Asia—the alleged persecution of Rohingyas in Myanmar, Uighurs in China, and Kashmiri Muslims in India—which are replete with cultural rights violations. It then tests whether the richer culture-based jurisprudence in international criminal law can offer lessons for the recalibration of cultural rights under the ICCPR/ICESCR. In particular, whether such cross-fertilization can trigger the jurisdiction of alternative f...

Vision 2041, which is a continuation of vision 2021, has been embraced by the government of Bangladesh and aims to carry the country to the path of development Bangabandu dreamed of. The government of Bangladesh has already introduced the 2021-2041 Perspective Plan (PP2041). The key aim of Vision 2041 is to eradicate extreme poverty, achieve the Upper Middle Class by 2030 and the status of a high economic nation by 2041. This study aiming to fi nd out the major priorities area to be developed country by 2041 and achieve vision 2041. This study based on the secondary data of different scholars fi nds some major areas that must be improved as soon as possible. Priorities area are modern power grid, Blue economy, skill development, recognition of free lancing and urban development. Those areas will boost up the country to be developed country with the fi x time frame.

The term ecocide was used as early as 1970, when it was first recorded at the Conference on War and National Responsibility in Washington, where Professor Arthur W. Galston “proposed a new international agreement to ban ‘ecocide’”2. Ecocide as a term had no strict definition at that time: “although not legally defined, its essential meaning is well-understood; it denotes various measures of devastation and destruction which have in common that they aim at damaging or destroying the ecology of geographic areas to the detriment of human life, animal life, and plant life”. What was recognised was that the element of intent did not always apply. “Intent may not only be impossible to establish without admission but, I believe, it is essentially irrelevant.” Richard A. Falk, in his draft (1973) Ecocide Convention, explicitly states at the outset to recognise “that man has consciously and unconsciously inflicted irreparable damage to the environment in times of war and peace”. By the end o...

This article discusses the Chevron contamination case in Ecuador with the aim of illustrating the scope of the human rights violations suffered by the affected indigenous communities. The contribution is inserted into a broader debate on the need for business to respect human rights, in a society where profit seems to be corporations’ only concern. The facts of the case and the damage to the indigenous peoples’ rights and culture are presented. The legal developments of the case are illustrated, with the focus falling on Chevron’s delaying strategy before the judicial system. The risk of new forms of colonisation hidden in cases like the Chevron Ecuador case is highlighted. When threats resembling colonisation are posed to the rights, culture and dignity of the local inhabitants, ex post reparations seem inadequate. However, participatory processes of defining the remediation together with the affected communities may restore some of the values lost. The analysis of the facts leads ...

This paper seeks to examine whether the current framework of international human rights law formally grants the right to a healthy environment to future generations. There has been much debate regarding the effectiveness of international human rights law in guaranteeing environmental sustainability in particular without the consideration of future generations. The right to a healthy environment was specifically chosen both as a means of narrowing the scope of this research and given that future generations are a fundamental concept of international law relating to environmental sustainability. In Section II, all relevant concepts, including ‘future generations’, ‘intergenerational justice and ‘environmental sustainability’ will be defined and explored. In addition, a link will be established between intergenerational equity and sustainable development in light of current literature and scholarly discussion. The following section discusses how the link drawn between environmental pro...

Sub-Saharan African countries have been continually searching for opportunities to transform their economic fortune. Among the central components for the envisioned transformation is the development of viable securities markets. These countries envision that the increasing demand for domestic and foreign capital can be satisfied by robust securities markets in terms of operation and control of insider trading practices. However, this objective may not be attained where the securities business is fouled with insider trading practices without adequate legal regime to counter such practices. In this era where the Tanzanian capital market is exposed to international investment and the need to boost its economy, regulation of such market in terms of insider trading practices is of utmost importance. This article is aimed at analysing the adequacy of the Capital Markets and Securities Act of 1994 and its regulations in combating insider trading practices for companies listed in the Dar es Salaam Stock Exchange. From the discussion in this article, it is clear that the legal framework on insider trading in Tanzania is characterized by gaps, duplications, and ambiguities. At the end of the article it is concluded that, such legal regime is not adequate in combating insider trading practices in the stock market in Tanzania, thus amendment of the law is considered necessary. This work intends to shed light on insider trading and the importance of regulation for such offence.

Codified in Articles 27 and 15(1)(a) of the International Covenant on Civil and Political Rights [ICCPR] and International Covenant on Economic, Social, and Cultural Rights [ICESCR], respectively, cultural rights are still read as distinct from linguistic and religious freedoms. The ICCPR vests cultural rights only in “persons belonging to minorities”, instead of groups. This paper attempts to analyze the reasons for the deficiencies in the ICCPR/ICESCR cultural rights regimes. In so doing, it unpacks the implications of these deficiencies for three current conflicts in Asia—the alleged persecution of Rohingyas in Myanmar, Uighurs in China, and Kashmiri Muslims in India—which are replete with cultural rights violations. It then tests whether the richer culture-based jurisprudence in international criminal law can offer lessons for the recalibration of cultural rights under the ICCPR/ICESCR. In particular, whether such cross-fertilization can trigger the jurisdiction of alternative f...

Bangladesh is a riverine country and most of the public transport and business depends on the river. Padma is one of the vital rivers to influence the country’s economy as well as GDP. Realising the fact, Bangladesh is constructing the Padma Multipurpose Bridge over the Padma river with associated facilities are of great importance for the sustaiable development of Bangladesh. This project has significant impacts on the whole country and contributes to the socio-economic and industrial development on southwest region in Bangladesh. In this regard, this study focuses on the impacts of Padma Multipurpose Bridge on the sustainable development of Bangladesh in terms of social, cultural, economical, environmental and industrial issues. Qualitative research method has been applied in this research to collect data from secondary sources. The study finds a number of massive positive impacts on the socio-economic development in Bangladesh with extreme GDP growth rate. In addition, in achieving the Sustainable Development Goals (SDGs) by 2030, the Padma Multipurpose Bridge will contribute enormously in the national economy and the overall development of Bangladesh.

They draw too heavily, too quickly, on already overdrawn environmental resource accounts to be affordable far into the future without bankrupting those accounts. They may show profit on the balance sheets of our generation, but our children will inherit the losses. We borrow environmental capital from future generations with no intention or prospect of repaying. They may damn us for our spendthrift ways, but they can never collect on our debt to them. We act as we do because we can get away with it: future generations do not vote; they have no political or financial power; they cannot challenge our decisions.[i] 2. Peacetime Environmental Damage and International Environmental Law[ix] The protection of the environment as a main focus appeared relatively late in international law. Once the problem had gained international attention however, an ever-growing body of international environmental treaties and conventions emerged.[x] In the first half of the century a number of international instruments were adopted dealing

7he existing approach of states to the global objective of sustainable development evinces a clear failure to address acts and conduct that are unsustainable in findamental ways. Populations around the world are experiencing the contamination of their freshwater sources and critical ecosystems, the embezzlement of state resources, the forced labour of children and women, and the discriminatory denial of access to food, shelter, medical care, education, and culturalfeedoms without adequate legal recourse. This article argues that serious violations ofthe International Covenant ofEconomic, Social, and Cultural Rights and severe environmental damage can strike at the very foundations oftbe economic, social and Devant l'objectf global de diveloppement durable, l'approche actuelle des Etats est un ichec manifeste qui ne permet pas de faire face aux actes et conduites s'avirant

“Major accidents relating to offshore oil and gas operations are likely to have devastating and irreversible consequences on the marine and coastal environment as well as significant negative impacts on coastal economies” according to the fourth introductory paragraph of Directive 2013/30/EU. As such, one would expect an obligatory framework for insurance coverage. However, neither Annex III of Directive 2004/35/ΕC, the Greek P.D. 148/2009, nor the Greek Law 4409/2016 provide financial insurance for offshore oil extraction. The lack of information, the inability to audit offshore platforms without permission on site and the selective application of Art. 191, ΙΙ of the Treaty on the Functioning of the EU create feelings of insecurity for both human- and law society.

The paper is a modest attempt to examine the sources of environmental law with particular reference to Nigeria. Formal sources such as the common law of England, case law, international law, the constitution and other Nigerian statutes and laws form the fulcrum of the discourse. The paper explore how these bodies of laws contribute to environmental protection in Nigeria and the inter-relationship between them. The paper reveals that the English common law falls short of contemporary complexities and technical demands; Nigerian statutes and laws protecting the environment though numerous, are fraught with limitations and loopholes; whereas, case law and international law greatly enrich the corpus of rules protecting the environment.

One of the important elements in achieving an efficient free market economy is the development of efficient capital and securities markets that facilitate access to capital, innovation and competition. Capital markets are vital for promoting meaningful participation of the private sector and the public in corporate ownership and development. While in Tanzania there is not that much to regulate since the capital markets across East Africa, and especially in Uganda, Tanzania, Rwanda and Burundi are largely underdeveloped and in their infancy or formative stages; Kenya"s capital market has a had history which is traced to the 1920s in the East African region. This article reviews the challenges of regulating capital and securities market in the light of the context of the law and policy in the United Republic of Tanzania. The main thesis of this article posits that the emerging capital markets in Sub Saharan Africa (SSA) in general and the United Republic of Tanzania in particular are faced with the challenges of ownership, shifting posts in the still evolving regulatory policy architect, inward looking and perpetual lack of the capacity of facilitating vibrant capital markets despite the vital role that they could play to promote competition, efficiency and local and international ownership in corporate enterprises and allocation of resources. The underlying concern throughout this work is the issue: is how will such emerging capital markets in Sub Saharan Africa to develop sustainable capital markets that can contribute to the country's economic growth in the region"s quest to eradicate poverty through entrepreneurship and wealth creation.

The poor regulation of water resources, particularly in Africa, has affected the availability of and accessibility to quality water. The international community has, through a soft and controversial approach, recognised the human right to water, which is generally argued to entitle everyone to sufficient, quality, accessible and affordable water for personal and commercial uses. Through a comparative approach, this article discusses the evolving concept of and states' practice relating to the human right to water in Africa. Using the Democratic Republic of Congo (DR Congo), Ghana, Nigeria, South Africa, Tanzania, Zambia and Zimbabwe as case studies, it examined the national regulatory frameworks for safeguarding access to quality water for both domestic and commercial use. The article further explores the challenges surrounding the legal protection and realisation of the right to water in the context of mineral resources extraction in the selected African countries. The article discovered obsolete laws and policies and weak institutional design and capacity as the major challenges in protecting the right to water in the selected countries. It therefore contends that while national regulation remains important in promoting and safeguarding the right to water, policymakers should be primarily mindful of its limitations in the face of institutional bottlenecks, implementation gaps and socioeconomic realities. Accordingly, capacity-building initiatives should aim to educate stakeholders in equitable water resources management and, generally, recognise the close link between the right to water, wellbeing and other human rights. Keywords: Access to water, African human rights system, extractive industries, environmental protection, human right to water La mauvaise réglementation sur les ressources en eau, en particulier en Afrique, a affecté la disponibilité et l'accessibilité à une eau de qualité. La communauté internationale a, à travers une approche molle controversée, reconnu le droit * MPhil (Pretoria), MSc (Tamale), BSc (Kumasi) and PhD candidate at

This entry describes some of the principles underlying environmental human rights and identifies the most common types of environmental claims made. In doing so, it discusses the different types of claims about the environment and human rights, and their legal and philosophical foundations; explores how advocacy organizations and scholars in the environmental social sciences have bridged environmental concerns with human rights; and addresses the topic of intra and inter-generational rights to the environment.

Despite the many linkages between environmental well-being, security and armed conflict, Onita Das' book, Environmental Protection, Security and Armed Conflict: A Sustainable Development Perspective, is one of a rather small body of legal scholarship on the topic. It is not that legal scholars have not been concerned with these issues. Contributions to law and armed conflict, or law and security, as well as law and the environment are profuse. Rather, what has been limited are integrations of all of the above. What we find mainly are writings on international humanitarian law protecting the environment and a proposed international crime of ecocide or geocide. Das brings light to this void and argues for the relevance of sustainable development law to environmental security pre-, during and postconflict.

The Rome Statute of the International Criminal Court prohibits an Occupying Power from settling its own population in the territory it occupies. This Comment argues that the settlement prohibition violates basic principles of fairness in criminal law, which require confining the reach of international criminal law to punishing violations of fundamental, self-evident moral norms. The settlement prohibition does not fulfill the moral gravity requirement: The prohibition does not reflect the international community’s moral judgment. Further, an objective moral judgment in this context is often unavailable.

Jodoin and Saito’s proposals for Offences Against Future Generations is an interesting prospective exercise and a welcome effort to work on the intersection of international criminal law with environmental, economic and social issues. However, the way in which the notion is constructed is somewhat misleading in that the idea of offences against future generations is really a shorthand for grave environmental, economic or social crimes occurring today that happen to have potentially long term impacts. As such it is not clear, for example, why the proposal could not (except for tactical rather than principled reasons) be subsumed under an extended understanding of the notion of crimes against humanity. In other words, the proposal does not take seriously the idea of crimes against future generations and in particular fails to incorporate much current thinking on duties towards such generations. The article proposes some thoughts on what taking the idea of crimes against future generations seriously might involve. At this stage, such an exercise certainly seems to create quite novel issues for criminal law, although none seem insurmountable as long as one circumscribes the idea of crimes against future generations to the most clear cut cases of deliberate harm to future interests.

One of the most remarkable developments of the new millennium has been the expansion of debates on culture at the highest levels of the international community’s decision-making processes. This development has necessarily had an impact on cultural rights empowerment, adjudication and justiciability. Substantial progress has been made both at a regional and international level, as well as before national jurisdictions. Yet, not all thresholds have been reached. Despite its 'multicultural' composition, the International Court of Justice (‘ICJ’) has never explicitly addressed cultural rights in its case-law. However, a thorough examination of its jurisprudence reveals that opportunities to take cultural rights seriously have already arisen. Moreover, recent judgments of the Court reveal the emergence of a certain trend calling for a ‘culturally sensitive’ interpretation of legal issues. The present paper submits that this trend is beneficial not only for the protection of cultural rights, but also for the maintenance of cultural diversity, particularly when issues related to indigenous peoples’ survival and livelihood are involved. In light of the urgent worldwide need for peace, addressing culture as a legal issue before the ICJ, may be a fruitful pathway for the Court order to resolve international disputes.