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I. INTRODUCTION
This paper has three broad objectives. First, it seeks to establish that the historical development of sustainable development as a legal concept shows that it implies the pursuit of economic development, environmental protection, and social development as non-hierarchical objectives of international society. secondly, it is argued that while sustainable development enjoys significant support in international legal instruments, and is endorsed by a large number of other international actors, it falls short of a principle of customary international law and is best approached as a legitimate expectation that actors at the international and domestic levels ought to conduct their affairs to facilitate the realization of the above objectives. Thirdly, it is argued that legal norms such as the precautionary principle, the principle of environmental impact assessment, and public participation in decision-making could play an important role in the realization of sustainable development. However, this role is not dependent upon the norms' status as binding rules of law. Indeed, even as emerging rules, these norms could perform a guidance function informing discourse and deliberation, as well as providing a base for the development of binding rules of law.
This discussion is set up against the background of the conclusion of the Johannesburg Summit on Sustainable Development in September 2002, and the consensus reached at that conference that sustainable development implies the integrated consideration of economic, environmental and social concerns in decision-making. This political consensus provides an opportune time for scholars to reflect upon the legal significance of sustainable development and the role law might play in its realization. This paper is intended to contribute to that effort.
In what follows, part two gives a historical account of the emergence of sustainable development in international discourse. Part three discusses the meaning of sustainable development from a variety of disciplinary perspectives. Part four explores the debate over the concept's normative status and argues that while there may be a legitimate international expectation1 that States and other actors should conduct their affairs in accordance with the norms, ideals, and objectives of sustainable development, this falls short of a binding legal obligation. Part five identifies a set of principles that arguably emerged from the international discourse as 'good conduct norms' for the attainment of sustainable development. I argue...