Voir le résumé
Despite the crisis in the global economy, politics and social-environment between the developed countries and the
developing countries, sustainable development law is a potential instrument that can manage to resolve disputes
between countries of the North and countries of the South, and reconcile economic development with environmental
matters. Consolidation of sustainable development law that was undertaken by the Stockholm Conference in 1972 and
the Rio Conference in 1992 has also had an impact on social and environmental justice. Indeed, it promotes a double
synergy between the protection of the environment, the economic development and State action. In this regards, the
integrative function and the conciliatory function lead to the universal recognition and the affirmation of sustainable
development law at international, national and regional level, especially within the international institutions and the legal
corpus including economic and social rights (i.e. Human Rights). Numerous treaties, constitutional and legislative
provisions have been integrating sustainable development. The recognition of sustainable development law represents a
significant change to the current legal system guarantied by consistency, rationality, autonomy and structured in
hierarchical layers. However, the emergence of sustainable development law and its recognition raised concern,
questions and controversy about its legal prospect, sophisticated governance and structural limits due to the
proliferation of sustainable development standards and the growing number of complex institutions. Besides, differing
practices between States point to the need to consider whether there is a genuine joint will of both developed countries
and developing countries to create a new paradigm which can reconcile environment protection with economic
development. Thus raising the question whether sustainable development law is able to fulfil its function as a
conciliator and to strike a balance between environmental, socio-economic issues to both developed and to developing
countries. Furthermore, the affirmation of sustainable development law at the international, regional and national level
requires relevant law implementing and enforcement strategies for respecting, protecting and ensuring full enjoyment of
sustainable development law. It can help to address the issue of effectiveness and implementation. It also encourages
wider participation of concerned public and private actors, NGO, decentralized authorities as well as of International
Organization in the development of standards and its implementation and enforcement. Finally, the necessary legal,
procedural and technical guarantees should be ensured in order to guarantee full compliance with sustainable
development standards and to avoid a legitimacy crisis of sustainable development as well as a rupture of diplomatic
relations.