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The need for the law to support sustainability issues: an academic perspective.

  • Writer: The Sustainable Lawyer
    The Sustainable Lawyer
  • Jun 14, 2020
  • 3 min read

1. Achim Steiner in his speech at the opening of the ‘World Congress on Justice, Governance and Law for Environmental Sustainability’ entitled ‘Environmental Sustainability, Justice, Governance & Law: Challenges and Opportunities’ ( http://www.unep.org/newscentre/default.aspx?DocumentID=2690&ArticleID=9176 ‘United Nations Environment Programme’ website).


Having mentioned many sustainability issues such as “forests, the atmosphere, freshwater” and how we use these for “economic growth”in an unsustainable fashion, Steiner addresses “linkages between environmental challenges and the role of the legal and auditing community”. He says that “right policy choices need to be followed by the enactment of good legislation and regulation, supported by a well-informed, strong and independent judiciary, by adequate enforcement systems, as well as conducive environments and effective governance frameworks”. This means that linkages between the environment and the law need to be tightened up and that new, “good legislation” (3)needs to be written and enforced correctly across the globe. This implies that there is indeed a very strong link between sustainability issues and the law. Moreover, this source can be used for the two sides to my question.


Firstly, the fact that there is a UN conference report all about plans to improve and update the law and our global legal systems to meet sustainability and environmental issues suggests that the answer is overall yes; the law is adapting to growing sustainability issues because this report is all about plans to adapt the law and to address these issues from a legal point of view.


However, secondly, Steiner states that “there is a need for urgent, concerted and effective action”. This implies that, no, the law is not currently adapting to growing sustainability issues because it is being addressed by the UN, suggesting that there is a problem and a lack of progress, so, action needs to be taken. This report is merely one which addresses the problem of a lack of adaptation by the law and one which begins to outline plans to make sure that it does progress and adapt. There is not in fact any real and solid evidence that shows real changes in global legal systems and legislation to directly target growing sustainability issues.


Personally, I think this suggests overall that the law is changing and adapting to sustainability issues because it is a clear plan that has been agreed to and that will be implemented. However, I do not think that it proves the law is adapting sufficiently because it does not state any real change yet but if the plan is implemented completely, we will be well on the way to having a legal system that is adapting sufficiently to growing sustainability issues because this is such a well thought out plan that addresses all elements of the law, its enforcement and the environment globally.

This source is reliable because it comes from the United Nations itself which is a trustworthy international organization run by the governments of one-hundred and ninety-three member states. Moreover, those who make speeches at United Nations conferences are all specialists and academics in their fields and arguably the best at what they do. After all, they are asked by the highest of authorities for information and are trusted by these combined authorities too.


However, there are many other scientists and environmental specialists who may disagree with what has been said and may argue that they have research that suggests different information so not every ‘specialist’ is in agreement, meaning that we may not have the absolute truth regarding the environment and thus how to deal with it.

 
 
 

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