Peña Neira, Araya Meza, & Henríquez San Martín: Sustainable Development as a Principle of International Law: An Analysis Based on the Jurisprudence of the International Court of Justice

Sergio Peña Neira (Universidad Mayor - Law), Patricio Araya Meza, & Sebastian Henriquez San Martín have published Sustainable Development as a Principle of International Law: An Analysis Based on the Jurisprudence of the International Court of Justice (Revista Electrónica de Derecho Internacional Contemporáneo, Vol. 8, 2025). Here's the abstract:

The International Court of Justice (ICJ) and scholars in international law have long operatedwithin the framework of the principle of sustainable development. It can be argued that this concept has bynow attained recognition as a principle of international law. A legal institution may emerge from “legal factsand arguments”, including the dissenting opinions of the International Court of Justice, which although non-binding, can nevertheless influence the formation and evolution of international legal principles over time. Such is the case with the principle of sustainable development. This article addresses the construction of theprinciple of sustainable development in the jurisprudence of the ICJ—from its origins in a dissenting opinionto its consolidation as a principle of international law. The methodology used in this contribution is legal innature, based on systematic research on history, doctrine and case law, and carried out through a qualitativeapproach.