Professor Duncan French, Head of Lincoln Law School and Professor of International Law, has recently attended the third meeting of the Rule of Law and Sustainable Development seminar organised by the Regional African Law and Human Security Programme (RALHUS).
Professor French presented a paper on contemporary case-law on sustainable development, including both international jurisprudence and domestic decisions. He reflected on the significant developments in the case-law, in the field of domestic courts holding States to account on the issue of climate change and, internationally, in developments on the legal principle of due diligence.
Nevertheless, Professor French cautioned against a wholesale endorsement of recent case-law, noting the recent decision of the International Court in the joined cases of Costa Rica v Nicaragua / Nicaragua v Costa Rica (2015) and creeping legal formalism. Thus he left the workshop with a question; are we seeing a maturity in the environmental jurisprudence or is there risk of sterility in the guise of meeting specified procedural steps?