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Legal Perspective on Sustainability

Legal Perspective on Sustainability. Josh Gellers PhD Candidate, Political Science 2013 Sustainability Lecture Series February 27, 2013. Contents. I. What is Law? II. Legal Foundations III. Watershed Moments IV. Manifestations V. Measuring Sustainability VI. Challenges VII. Conclusions.

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Legal Perspective on Sustainability

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  1. Legal Perspective on Sustainability Josh Gellers PhD Candidate, Political Science 2013 Sustainability Lecture Series February 27, 2013

  2. Contents • I. What is Law? • II. Legal Foundations • III. Watershed Moments • IV. Manifestations • V. Measuring Sustainability • VI. Challenges • VII. Conclusions 2013 Sustainability Lecture Series

  3. I. What is Law? • A way to: • Regulate human behavior (Plato) • Create a level playing field in society (Aristotle) • Provide security (Hobbes) • Protect individual freedoms (Locke) • Establish justice (Rawls) 2013 Sustainability Lecture Series

  4. II. Legal Foundations • 1300s: Ecological crisis due to deforestation in Europe • In response, local communities enacted laws related to land use to promote reforestation • Laws based on German concept of ‘Allmende’ or British ‘commons’ • Individual land use rights secondary to land use for public good • Land use viewed in terms of heritage: a gift from the past to be preserved for the future 2013 Sustainability Lecture Series

  5. II. Legal Foundations • 1800s: System of early sustainability laws changes when Europe experiences another ecological crisis and rapid industrialization • Agricultural system expanded greatly • Sustainability replaced by exploitation • Renewable energy sources replaced by fossil fuels • Result: As economy became resource-intensive and short-term focused, law moved away from public goods toward private enterprise and property rights 2013 Sustainability Lecture Series

  6. II. Legal Foundations • 1960s: Several factors combine to heighten public awareness about environmental degradation • Liberal political climate throughout industrialized nations • Changing economic conditions • Improved scientific understanding of human impact on the environment • Result: Birth of modern environmental law 2013 Sustainability Lecture Series

  7. III. Watershed Moments • 1972: UNCHE Stockholm Declaration • 1980: IUCN World Conservation Strategy • 1983: UN World Charter for Nature • 1987: Brundtland Report • 1992: Rio Declaration on Environment and Development, Agenda 21, Rio Earth Charter "Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs" 2013 Sustainability Lecture Series

  8. IV. Manifestations • Norms • Polluter pays • Common-but-differentiated responsibility • Policies • Corporate sustainability policies • Statements of public policy • National Sustainable Development Strategies • Laws • International environmental treaties • Constitutional environmental rights McDonalds: We are committed to taking a "total life cycle" approach to solid waste, examining ways of reducing materials used in production and packaging, as well as diverting as much waste as possible from the solid waste stream. In doing so, we will follow three courses of action: reduce, reuse and recycle. Burundi (2005): Article 35. The State guarantees the sound management and the efficient exploitation of the natural resources of the country, while preserving the environment and ensuring the conservation of these resources for future generations. Montreal Protocol Congo (2002): Article 35. Each citizen shall have the right to a healthy, satisfactory, and sustainable environment and the duty to defend it. 2013 Sustainability Lecture Series

  9. V. Measuring Sustainability • International Level • World Bank Environmental Indicators • Environmental Performance Index (EPI) • IEA Performance Indicator Data • Sustainable Development Goals (SDGs) • Firm Level • Corporate Sustainability Reports • Global Reporting Initiative • Global 100 2013 Sustainability Lecture Series

  10. VI. Challenges • Devising metrics • Assessing enforcement and compliance • Balancing competing ethics • Addressing population growth • Adapting to a changing environment 2013 Sustainability Lecture Series

  11. VII. Conclusions • Sustainability law is best understood as an specific focus within environmental law • Sustainability and sustainable development, while related, are two different concepts • Most of what is considered sustainability law appears at the international level • While most sustainability law is ‘soft law,’ sustainability principles are increasingly found in ‘hard law’ documents 2013 Sustainability Lecture Series

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