Conflict Resolution and Sustainability Disputes: Authority and Consensus in the Shadow of Law
SUSTAINABLE DEVELOPMENT AND THE LAW: PEOPLE, ENVIRONMENT, CULTURE, Shi-Ling Hsu & Patrick A. Molinari, eds., pp. 21-37, Montreal: Canadian Institute for the Administration of Justice, 2008
17 Pages Posted: 1 Feb 2009 Last revised: 22 Feb 2009
Date Written: January 1, 2008
Abstract
Must the law of sustainable development be a different kind of law? Sustainable development law raises this question because it is directed toward a future which, being both distant and global, is particularly uncertain. This paper does not tackle this difficult question but modestly proposes some preliminary thoughts about the conflict resolution models that we know and the way in which they relate to law as it serves to connect past and future. My hypothesis is that what I will call the model of principles appears as the inevitable normative framework for sustainability disputes.
Keywords: Sustainable development, Dispute resolution, Adjudication, Legal Theory, Model of Rules, Model of Principles, Public International Law, Precedent
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