Denver Journal of International Law & Policy Volume 42 Number 3 Summer Article 10 46th Annual Sutton Colloquium April 2020 Vol. 42, no. 3: Full Issue Denver Journal International Law & Policy Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation 42 Denv. J. Int'l L. & Pol'y (2014). This Full Issue is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. Denver Journal _ of International Law and Policy VOLUME 42 NUMBER 3 SUMMER-2014 TABLE OF CONTENTS 46TH ANNUAL LEONARD v.B. SUTTON COLLOQUIUM: INTERNATIONAL LEGAL PERSPECTIVES ON THE FUTURE OF DEVELOPMENT KEYNOTE: WHAT DOES INTERNATIONAL LAW HAVE To Do WITH INTERNATIONAL DEVELOPMENT? . David P. Stewart 321 THE FUTURE OF HUMAN DEVELOPMENT: THE RIGHT TO SURVIVE AS A FUNDAMENTAL ELEMENT OF THE RIGHT TO DEVELOPMENT ............... UpendraAcharya 345 HUMAN RIGHTS TAKE A BACK SEAT: THE SUPREME COURT HANDS OUT A PASS TO MULTINATIONALS AND OTHER WOULD BE VIOLATORS OF THE LAW OF NATIONS ................... W. Chadwick Austin 373 and Amer Mahmud INVESTING IN SUSTAINABILITY: ETHICS GUIDELINES AND THE NORWEGIAN SOVEREIGN WEALTH FUND...... Dr. Anita M. Halvorssen 389 and Cody D. Eldredge KEYNOTE: THE RIGHTS OF THE UNDERCLASS IN 2015 ..................... Peter Weiss 417 CAN THE CHINESE BIOGAS EXPERIENCE SHED LIGHT ON THE FUTURE OF SUSTAINABLE ENERGY DEVELOPMENT?.. Jason B. Aamodt 427 and Dr. Chen Wenqin DEVELOPMENT AND WOMEN'S RIGHTS AS HUMAN RIGHTS: A POLITICAL AND SOCIAL ECONOMY APPROACH WITHIN A DEEP DEMOCRATIC FRAMEWORK ........ Haider A. Khan 451 WASTE NOT, WANT NOT: THE RIGHT TO FOOD, FOOD WASTE AND THE SUSTAINABLE DEVELOPMENT GOALS .............. Anastasia Telesetsky 479 Denver Journal 'of International Law and Policy VOLUME 42 NUMBER 3 SUMMER-2014 BOARD OF EDITORS WESLEY FRY Editor in Chief LAURA WOOD SARAH EMERY ALEX MILGROOM Senior Managing Editor Executive Editor Online Editor in Chief WILLIAM KENT TAUSHA RILEY SAMANTHA PEASLEE Managing Editor Business Editor Managing Editor LINCOLN PUFFER LISA BROWNING BRYAN NEIHART Cite & Source Editor TrainingEditor Survey Editor LYDIA RICE STACY HARPER BAILEY WOODS Candidacy Editor Marketing Editor Candidacy Editor LINDSEY WEBER ALICIA GUBER KATELIN WHEELER Projects Editor Alumni Editor Sutton Editor STAFF EDITORS MATTHEW AESCHBACHER GREGORY HENNING KATELYNN MERKIN LAURA BRODIE MAHA KAMAL CHEYENNE MOORE JACLYN COOK JOANN KINSEY KRISTEN PARISER THOMAS DUNLOP HELEN LEE Scorr PETIYA RICHARD EDMONDSON CAROLINE MARFITANO BREANN PLASTERS MARA EsSICK JAIME MENEGUS CASEY SMARrr ALICIA GAUCH KATHERINE McAULEY J THORNTON BRIXTON HAKES KATHARINE YORK FACULTY ADVISOR VED P. NANDA ADVISORY BOARD THEODORE L. BANKS LARRY JOHNSON BRUCE PLOTKIN M. CHERIF BASSIOUNI FREDERIC L. KIRGIS GILBERT D. PORTER UPENDRA BAXI RALPH B. LAKE WILLIAM M. REISMAN IAN B. BIRD JOHN NORTON MOORE DANIEL L. RITCHIE SHERRY B. BRODER EKKEHART MULLER-RAPPARD DOUGLAS G. SCRIVNER SID BROOKS JAMES A.R. NAFZIGER DAVID P. STEWART EDWARD GORDON JAMES A. NELSON CHARLES C. TURNER 2013-2014 University of Denver Administration Robert D. Coombe, Chancellor Gregg Kvistad, Provost Craig W. Woody, Vice Chancellor for Business and FinancialAffairs Kevin A. Carroll, Vice Chancellor of Marketing and Communications Barbara J. Wilcots, Associate Provost for Graduate Studies Paul H. Chan, University General Counsel Martin J. Katz, Dean of the Sturm College of Law Viva Moffat, Associate Dean of Academic Affairs and Associate Professor of Law Alan Chen, Associate Dean for Faculty Scholarship and Professor of Law Patricia Powell, Associate Dean of Student Affairs and Lecturer Catherine E. Smith, Associate Dean for Institutional Diversity and Inclusiveness and Associate Professor of Law Eric Bono, Assistant Dean for Career Opportunities lain Davis, Assistant Dean of Student Financial Management and Admissions Laura E. Dean, Assistant Dean of Alumni Relations Clint Emmerich, Assistant Dean of Finance and Administration Meghan S. Howes, Assistant Dean of the Office of Communications Daniel A. Vigil, Assistant Dean of External Relations and Adjunct Professor Susan D. Daggett, Executive Directorof the Rocky Mountain Land Use Institute and Lecturer Ricki Kelly, Executive Director of Development Edward J. Roche, Interim Director of the GraduateProgram in Taxation and Associate Professorof Taxation Julie Gordon, Registrar Lauri Mlinar, Director of Events Sturm College of Law Faculty List Robert Anderson Rashmi Goel Justin Pidot Rachel Arnow-Richman Lisa Graybill Raja Raghunath Debra Austin Robert M. Hardaway Paula Rhodes Rebecca Aviel Michael Harris Edward J. Roche Katina Banks Jeffrey H. Hartje Tom I. Romero, II Tanya Bartholomew Mark Hughes Laura Rovner Arthur Best Timothy Hurley Nantiya Ruan Jerome Borison Sheila K. Hyatt Thomas D. Russell Stacey Bowers Scott Johns David C. Schott Kelly Brewer Josd R. (Beto) Juirez, Jr. Michael R. Siebecker J. Robert Brown, Jr. Sam Kamin Catherine Smith Teresa M. Bruce Martin Katz Don C. Smith Phoenix Cai Hope Kentnor John T. Soma Katherine L. Caldwell Tamara L. Kuennen Michael D. Sousa John Campbell Margaret Kwoka Mary A. Steefel Bernard Chao Jan G. Laitos Joyce Sterling Federico Cheever Christopher Lasch Robin Walker Sterling Alan Chen Nancy Leong Kate Stoker Roberto Corrada Kevin Lynch Celia Taylor Patience Crowder Justin Marceau David Thomson Kelly Davis Lucy A. Marsh Kyle C. Velte Rosemary Dillon G. Kristian Miccio Ann S. Vessels K.K. DuVivier Viva Moffat Eli Wald Nancy Ehrenreich Suzanna K. Moran Lindsey D. Webb Ian Farrell Ved P. Nanda Annecoos Wiersema Alexi Freeman Stephen L. Pepper KEYNOTE: WHAT DOES INTERNATIONAL LAw HAVE TO Do WITH INTERNATIONAL DEVELOPMENT? DAVID P. STEWART* I. INTRODUCTION The broad topic of international development, understood with particular reference to the Millennium Development Goals,' addresses one of the critical aspects of our global future. Simply put, development is not just a good idea, a policy option, or a preferred outcome; it is a necessary process, fundamental to the future of human society. I believe that without development, growth, progress, whatever you may wish to call it, the human race will stagnate and expire. That is the gloomy news. The good news is that it is in our nature to work towards a better future, to invent, to overcome, to improve, and to develop. At least, that's what several millennia of human existence suggest to me. Yet, development is not inevitable. It may be necessary, but it is not inexorable. We have within us the seeds of our own obliteration. A world that doesn't develop, a world in which large portions of the human race live in poverty, in poor health and in political subjugation, where large segments of the population * Visiting Professor of Law, Georgetown University Law Center. Member, Inter-American Juridical Committee; President-elect, American Branch of the International Law Association; ALI project on Restatement (Fourth) Foreign Relations Law of the United States (co-reporter on immunities); member, Board of Editors of the American Journal of International Law and Executive Council, ABA Section of International Law. It is a pleasure to return to the Sturm College of Law in Denver for this Sutton Colloquium on "The International Legal Perspectives on the Future of Development," and to share some thoughts on the relationship between international development and international law. Professor Ved Nanda has been one of my personal heroes for many years, a truly accomplished international lawyer and a man of unparalleled grace, wisdom and insight. It's been my privilege to work with him in a number of circumstances, including the American Branch of the International Law Association and the American Society of International Law. I am certain you realize how truly fortunate you are at the Sturm College of Law to be able to study with him, and under his tutelage. 1. The official site for the MDG implementation "indicators" is Millennium Development Goal Indicators, U.N., http://mdgs.un.org/unsd/mdg/host.aspx?Content-indicators/officiallist.htm (Apr. 6, 2014). The eight Millennium Development Goals, adopted by the U.N. General Assembly in 2000, are to (1) eradicate extreme poverty and hunger, (2) achieve universal primary education, (3) promote gender equality and empower women, (4) reduce child mortality, (5) improve maternal health, (6) combat HIV/AIDS, malaria and other diseases, (7) ensure environmental sustainability, and (8) develop a global partnership for development. Millennium Declaration, G.A. Res. 55/2, U.N. Doc. A/RES/55/2 (Sept. 18, 2000). See U.N. DEP'T OF ECON. & Soc. AFFAIRS,THE MILLENNIUM DEVELOPMENT GOALS REPORT (2013), available at http://www.un.org/millenniumgoals/pdf/report-2013/mdg-report-2013- english.pdf, for the most recent Millennium Development Goals Report (2013), which assesses progress toward the 2015 target date. 321 322 DENV. J. INT'L L. & POL'Y VOL. 42:3 are excluded, where resources and wealth and the benefits of progress are not shared but are reserved for the fortunate few . well, that is very likely to be a world of jealousy and hostility, chaos and conflict, war and destruction. We do not need to be the proverbial rocket scientists to know that down that road lies a real prospect of annihilation. If you are with me so far, then we can probably agree that international development is, as my daughter would say, "like, really important." But what does it have to do with international law? Or with us as lawyers or future lawyers? To turn the question around, what does international law have to do with development? Can international law contribute to development, and if so, how? How can we, as international lawyers, contribute most usefully to international development? In answering these questions, my aim this morning is to speak primarily to the students and recent graduates in the audience, because I want to suggest some important possibilities to you.