Sustainability, Law and Public Choice

by Gyula Bandi, Marcel Szabo, Akos Szalai

Overview

The context of sustainable development went through considerable changes since its 'official' origins in the 1980s. The original meaning referred to the right of development which must, however, be restricted by the interests of present and future generations. After the Rio+20 summit - parallel with the adoption of the 7th Environmental Action Program of the EU and many national sustainability strategies - the current content and interpretation of the principle is examined in this book, with a special focus on its possible implementation and the main driving forces. The book provides a general survey on the contemporary ideas of interpretation, focusing on sustainable development law. Ethical and legal fundamentals and the possible legal substance are presented. Examples of international law demonstrate that the concept is significant in international treaties. However, it is a question as to how this can meaningfully contribute to the preservation of the Earth's fragile ecosystem. The book has a special focus on EU policy and law, introducing the serious conceptual change from sustainable development to sustainable growth. It also looks at the appearance of the concept in primary law, secondary law, and judicial practice to embrace the likelihood of implementation. The book discusses the potential motivations of sustainability in governance and examines the compliance issues in international environmental law, focusing on the choices made, not by nations as unitary rational actors, but by the individual decision-maker and groups of decision-makers, looking at interactions among domestic interest groups. The model uses the public choice theory, supposing that the decision about the compliance at large depends on the benefit and cost of the projects. [Subject: Sustainable Development Law, Environmental Law, EU Law, International Law]

Product Details

ISBN-13:	9789089521538
Publisher:	Europa Law Publishing
Publication date:	04/15/2014
Pages:	216
Product dimensions:	6.25(w) x 9.50(h) x 0.60(d)

Table of Contents

Contents v

Authors x

Chapter 1 The Evolving Concept of Sustainable Development

1 Introductory Remarks 3

2 The Evolution of the Principle of Sustainable Development 5

2.1 From Stockholm to UNCED 5

2.2 UNCED 1992 8

2.3 Report of the UN Expert Group 9

2.4 ILA Principles on Sustainable Development 12

2.5 IUCN Efforts 19

2.6 Rio+20 20

Chapter 2 Ethics and Sustainability - A Catholic Vision

1 Ethics and Sustainability - A Catholic Vision 25

Chapter 3 Sustainable Development in International Law

1 The Concept of Sustainable Development in International Treaties 37

1.1 Sustainable Development as a Mere 'Fig Leaf 39

1.2 Sustainable Development as the Main Goal and Moral Backbone of the Treaty 40

1.3 Environmental Agreements Acknowledging the Right to Economic Development 40

1.4 Sustainable Development as an Environmental Constraint for an Economic Agreement 42

1.5 Summary 43

2 The Practical Efficacy of Agreements Including the Concept of Sustainable Development 44

2.1 Introduction 44

2.2 The Examples of the Mekong River and Lake Tanganyika 45

2.3 Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin 46

2.3.1 The Mekong River Commission and the Possibility of Enforcing the Concept of Sustainable Development 46

2.3.2 Assessment of the Potential of the Concept of Sustainable Development hi the Mekong Negotiations 51

2.4 Practical Enforcement of the Convention on the Sustainable Management of Lake Tanganyika 52

2.4.1 The Background of the Convention 52

2.4.2 Problems of Enforcing Sustainable Development in the Tanganyika Area 55

2.5 Summary 56

2.6 Issues of Sustainable Development before the International Court of Justice in the Hague 57

2.6.1 The Case Concerning the Gabcikovo-Nagymaros Project 57

2.6.2 Case Concerning Pulp Mills on the River Uruguay 65

2.7 Concluding Remarks 70

Chapter 4 The European Integration on Sustainable Development

1 Environmental Policy and Legislation 75

2 The Study Commissioned by the EC on the Law of Sustainability in 2000 80

3 Sustainability and Development Strategies 83

3.1 Cardiff - Integration 83

3.2 Goteborg and Aftermath - SDS 84

3.3 Lisbon Strategy - Material and Financial Issues, Growth 89

3.4 Europa 2020, Sustainable Growth 90

4 Sustainable Development in Primary Legislation 93

5 Examples of Sustainability in Secondary Legislation 98

5.1 Around 2000 98

5.2 Financial Funds Since 2005/6 101

5.3 Recent Examples 103

5.4 Renewable Energy - RED Directive 104

6 Judicial Practice and Sustainability 106

6.1 Impact Assessment 107

6.2 Public Procurement 108

6.3 Energy (Biofuels) 108

6.4 Cooperation with Developing Countries, Peace, Security and Rule of Law 109

6.5 Support for Developing Countries 110

6.6 Fisheries 111

6.7 Rivers 112

6.8 Plant Genetics 113

6.9 Cogeneration Plant and Green Certificates 114

7 Conclusions 114

Chapter 5 Sustainable Development Law in Legal Scholarship

1 Sustainable Development Law in Legal Scholarship 121

2 Resilience? 134

3 Some Conclusions 141

Chapter 6 Why Do Nations Comply? Law and Economics of Enforcement in International Environmental Law

1 Introductory Remarks 149

1 First Party Enforcement 152

1.1 Legitimacy Theory 152

1.2 Managerial Theory 153

1.3 Transnational Legal Process Theory 154

1.4 Liberal Theory 155

2 Second Party Enforcement 157

2.1 Retaliation and Reciprocity 157

2.2 Problems of Second Party-Enforcement: Multilateral Issues 160

3 Third Party Enforcement 160

3.1 Reputation 161

3.2 Direct Enforcement 162

3.3 Compliance Mechanism 165

4 Why do Nations Contract? 166

4.1 Cooperation 166

4.2 Coordination 168

5 Puzzle of Soft Law 170

5.1 Vagueness 171

5.2 Lack of Sanctions: A False Argument 173

6 Conclusion 173

Chapter 7 Why Do Governments Comply? Public Choice of Enforcement in International and European Law

1 Introductory Remarks 177

1 Equilibrium in the Political Market 178

1.1 Actors in the Political Market 179

1.2 Interactions, Exchanges Among the Actors 188

2 Comparative Statics 199

2.1 Changes in Preferences of Voters 199

2.2 Changes in the Personal Optimum of Politicians and Bureaucrats: External Sticks and Carrots 201

2.3 Interest Group: Domestic Dynamics 202

3 Conclusion 205