Le droit du développement durable comme facteur de développement différencié des états : de la théorie aux pratiques.

Despite the crisis in the global economy, politics and social-environment between the developed countries and thedeveloping countries, sustainable development law is a potential instrument that can manage to resolve disputesbetween countries of the North and countries of the South, and reconcile economic development with environmentalmatters. Consolidation of sustainable development law that was undertaken by the Stockholm Conference in 1972 andthe Rio Conference in 1992 has also had an impact on social and environmental justice. Indeed, it promotes a doublesynergy between the protection of the environment, the economic development and State action. In this regards, theintegrative function and the conciliatory function lead to the universal recognition and the affirmation of sustainabledevelopment law at international, national and regional level, especially within the international institutions and the legalcorpus including economic and social rights (i.e. Human Rights). Numerous treaties, constitutional and legislativeprovisions have been integrating sustainable development. The recognition of sustainable development law represents asignificant change to the current legal system guarantied by consistency, rationality, autonomy and structured inhierarchical 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 theproliferation of sustainable development standards and the growing number of complex institutions. Besides, differingpractices between States point to the need to consider whether there is a genuine joint will of both developed countriesand developing countries to create a new paradigm which can reconcile environment protection with economicdevelopment. Thus raising the question whether sustainable development law is able to fulfil its function as aconciliator and to strike a balance between environmental, socio-economic issues to both developed and to developingcountries. Furthermore, the affirmation of sustainable development law at the international, regional and national levelrequires relevant law implementing and enforcement strategies for respecting, protecting and ensuring full enjoyment ofsustainable development law. It can help to address the issue of effectiveness and implementation. It also encourageswider participation of concerned public and private actors, NGO, decentralized authorities as well as of InternationalOrganization 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 sustainabledevelopment standards and to avoid a legitimacy crisis of sustainable development as well as a rupture of diplomaticrelations.