By Puvimanasinghe, S.F.
Occasions just like the Bhopal catastrophe, the sale of goods destructive to human health and wellbeing and security, and baby labour, specially in resource-scarce settings, elevate primary problems with human dignity and ecological integrity. From a criminal point of view, and within the context of international Direct funding through Transnational organisations in constructing international locations, they spotlight the lacuna of a holistic overseas felony framework and its implementation. This publication embodies a critique of the complicated internet of public overseas legislation ideas on economics, human rights and the surroundings, and their convergence or lack thereof, similar local (South Asian) and household (Sri Lankan) criminal preparations, interventions of states and non-state actors in the direction of simply, equitable and sustainable improvement. it's a quest for a center direction within the multidisciplinary panorama of foreign legislation, improvement and North-South strength dynamics; globalization of unfastened alternate and funding and of social and environmental pursuits; and salient features of the philosophical, socio-economic and criminal cloth of South Asia, seen opposed to the evolving, arguable and elastic sphere of diplomacy and legislations the place consensus has hitherto been an elusive dream.
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428, 429, that the issues of equity and distributive justice that lay at the heart of the NIEO have not diminished, despite the success of certain developing countries in becoming more closely integrated into the global economy. He further states that the calls for a new world order based on the idea of sustainable development may oﬀer a way forward to integrate such issues into the policy-making agenda in a globalizing free-market economy. There is wisdom in this argument, as sustainable development involves many issues of mutual and universal concern, less particular than concerns of development per se.
The reality in fact and the lacunae in law together provide the mandate for a critical evaluation of public international law and its implementation within the context of investment, development, human rights and the environment. This research is posited within the interconnectedness – the positive as well as the negative aspects – of globalization. Arup12 advocates a balanced view of globalization, which is mindful that something big is happening, yet positive about the degree of diversity and contingency in the world.
Kentin, ‘Sustainable Development in International Investment Dispute Settlement: the ICSID and NAFTA Experience’, all in N. Schrijver, F. ), International Law and Sustainable Development: Principles and Practice, Nijhoﬀ, Leiden, 2004, at pp. 273, 295 and 309 respectively. 21 Principle 12, Rio Declaration on Environment and Development, UN Doc. 1, 13 June 1992. 22 Para. 23. Agenda 21 in para. 2, states that through more eﬃcient production processes, preventive strategies, cleaner production technologies and procedures throughout the product cycle, hence minimising and avoiding wastes, the policies and operations of business and industry, including transnational corporations can play a major role in reducing impacts on resource use and the environment.
Foreign Investment, Human Rights and the Environment by Puvimanasinghe, S.F.