Sustainable Development and its Discontents

Sustainable development (or sustainability) is a decision-making framework for maintaining and achieving human well-being, both in the present and into the future. The framework requires both consideration and achievement of environmental protection, social justice and economic development. In that framework, environmental protection must be integrated into decisions about social and economic development, and social justice and economic viability must be integrated into decisions about environmental quality. First endorsed by the world’s nations in 1992, this framework is intended to provide an effective response to the twin global challenges of growing environmental degradation and widespread extreme poverty. Sustainability provides a framework for humans to live in harmony with nature, rather than at nature’s expense. It may therefore be one of the most important ideas to come out of the 20th century. In the last two decades, the framework has become a touchstone in nearly every economic sector and at every level of government, unleashing an extraordinary range of creativity in all of those realms. Sustainable development is having a significant effect on the practice of law and on the way in which laws are written and implemented. Understanding the framework is increasingly important for law makers and lawyers. As sustainable development (or sustainability) has grown in prominence, its critics have become more numerous and more vocal. Three major lines of criticism are that the term is “too boring” to command public attention, “too vague” to provide guidance, and “too late” to address the world’s problems. Critics suggest goals such as abundance, environmental integrity, and resilience. Beginning with the international agreements that shaped the concept of sustainable development, this Article provides a functional and historical analysis of the meaning of sustainable development. It then analyzes and responds to each of these criticisms in turn. While the critics, understood constructively, suggest ways of strengthening this framework, they do not provide a compelling alternative. The challenge for lawyers, law makers, and others is to use and improve this framework to make better decisions.

Sustainability in the Upper Colorado River Basin: A Struggle Between Water Resource Use and Remnants of the Natural Ecosystem

This study evaluated whether development of the Colorado River system has exceeded sustainability by comparing the trends in water use in the Colorado River. Two sustainable areas were identified in the upper basin and one in the lower-- the mainstream Colorado River, Green and Yampa rivers, and the Little Colorado River. These areas are also high priority recovery areas for four endangered fishes and protected by critical habitat provisions of the ESA. Unfortunately, the endangered fishes are declining because of habitat destruction and non-native species. If increasing water demand causes the fishes to go extinct the few sustainable areas will be lost. It will take careful management of the endangered fishes and water users to ensure these areas are maintained.

Broadening the Scope of Ethnic Identity: A Social Sustainability Solution for Pan African Communities through Ethnically Relevant Educational Programming

This conceptual study explores ethnic identity development theory in order to argue that ethnic identity development education is a means of developing broad senses of community in the African Diaspora that expand beyond a tribal, local, familial level. This study suggests that the broadening of community understanding would contribute to establishing social sustainability on regional, national and international levels within the Pan African community. Establishing such social sustainability would have direct effects on the areas of economic and environmental sustainability. One of the goals of this project is to offer suggestions for ethnically relevant education that can develop social sustainability in several places throughout the Diaspora, such as in Nigeria where ethnic conflicts are a contemporary concern.

Industry Professionals Who Attain Leadership in Energy and Environmental Design (LEED) Accreditation: An Examination of Motivations in Human Resource (HR) Training and Development

Despite the economy, the green building industry continues to grow and drive the demand for environmentally conscious, highly skilled professionals (USGBC 2009). LEED Accredited Professionals (APs) have the knowledge and skills to meet such demand; however, information is limited regarding LEED APs or their motivations and expectations toward prospective employers. The author surveyed a sample of LEED Accredited architects and found a combination of job and personal factors motivated them to attain accreditation. LEED APs value both a competitive salary and commitment to sustainability in prospective employers. To attract, retain, and utilize LEED APs, executives in this industry must reexamine corporate culture, their willingness to pay for credentialing, and the alignment of their reputation with the desires of potential applicants.

Innovation in the teaching of sustainable development in Europe: the case of ISLE Erasmus Network

Sustainable Development (SD) is one of the most widely used terms during the last years. It is a multidisciplinary concept, which applies mostly to life sciences but is not limited to them. Even though the short survey conducted by the authors revealed that there are only a few cases of Higher Educational Institutes (HEIs) around Europe that provide programs dedicated to SD, it is obvious that there is a constant raise in the need for implementing courses related to SD in existing programs. This paper discusses the case study of I.S.L.E., an Erasmus Academic Network, which aims to use the existing knowledge and tools in the context of teaching sustainable development topics in Universities and HEIs around Europe as a basis, and elaborate further by introducing an innovative approach towards the improvement of teaching SD in HEIs, based on the current needs as they are identified by the actions of the Network.

Morocco at the Crossroads: Seizing the window of opportunity for sustainable development. MEDPRO Technical Report No. 2/April 2011

The question of state sustainability is highly relevant in the case of Morocco. Despite the image of a modernising and liberalising country, Morocco is undergoing a delicate phase in its development. The recent upheavals in the Maghreb and the Middle East alongside the growing problems of poor education and high unemployment are likely to bring to the surface the unsustainable elements of Morocco’s status quo. The central issues concern the quality of institutions, reforms aimed at promoting the rule of law, curbing corruption and overhauling the judiciary. This paper will argue that while institutional quality is a pre-requisite for successful and sustainable socioeconomic performance, this cannot be achieved unless major reforms in the political system are carried out. There exists a window of opportunity to accelerate reforms and to address the acute centralisation of Moroccan politics and decision-making, the lack of accountability of the monarchic institutions, as well as the fragility of representative bodies, such as parties and trade unions. Seizing this window of opportunity could spare Morocco a period of instability, while also assuring continuity in the framework of the transition that started in 1999 when the new king came to power.

Israel and Palestine and state (un)sustainability. MEDPRO Technical Report No. 5/June 2011

This report explores the concept of state (un)sustainability in Israel and Palestine. The starting point sees conflict resolution as an independent variable for any change and progress in the area, in terms of a political, just and credible agreement between the two parties, which will then play a decisive role in the development of the Mediterranean region. These developments and prospects for a solution are then evaluated on the basis of state (un)sustainability, a broad notion that refers to the possibilities for long-term development at the political, social and economic levels. The very nature of Israel’s democracy and its relations with its Arab minority, the challenges related to the establishment of a viable and sustainable Palestinian state, and the regional dimension of all the actors involved are considered in order to evaluate future scenarios in this context. Three scenarios are tested: sustainability, which corresponds to the end of the conflict and the establishment of two viable and independent states with a tangible improvement in political and economic indicators; unsustainability, which refers to the perpetuation of the political status quo and the progressive deterioration of all political, economic and social indicators; and finally, weak stability, which entails the achievement of a sterile political stability, able to sustain the present status quo but unable to confront the main challenges for the future of the country(ies).

The EU regime on biofuels in transport: Still in search of sustainability. Egmont Paper No. 68, July 2014

Like other regions of the world, the EU is developing biofuels in the transport sector to reduce oil consumption and mitigate climate change. To promote them, it has adopted favourable legislation since the 2000s. In 2009 it even decided to oblige each Member State to ensure that by 2020 the share of energy coming from renewable sources reached at least 10% of their final consumption of energy in the transport sector. Biofuels are considered the main instrument to reach that percentage since the development of other alternatives (such as hydrogen and electricity) will take much longer than expected. Meanwhile, these various legislative initiatives have driven the production and consumption of biofuels in the EU. Biofuels accounted for 4.7% of EU transport fuel consumption in 2011. They have also led to trade and investment in biofuels on a global scale. This large-scale expansion of biofuels has, however, revealed numerous negative impacts. These stem from the fact that first-generation biofuels (i.e., those produced from food crops), of which the most important types are biodiesel and bioethanol, are used almost exclusively to meet the EU’s renewable 10% target in transport. Their negative impacts are: socioeconomic (food price rises), legal (land-grabbing), environmental (for instance, water stress and water pollution; soil erosion; reduction of biodiversity), climatic (direct and indirect land-use effects resulting in more greenhouse gas emissions) and public finance issues (subsidies and tax relief). The extent of such negative impacts depends on how biofuel feedstocks are produced and processed, the scale of production, and in particular, how they influence direct land use change (DLUC) and indirect land use change (ILUC) and the international trade. These negative impacts have thus provoked mounting debates in recent years, with a particular focus on ILUC. They have forced the EU to re-examine how it deals with biofuels and submit amendments to update its legislation. So far, the EU legislation foresees that only sustainable biofuels (produced in the EU or imported) can be used to meet the 10% target and receive public support; and to that end, mandatory sustainability criteria have been defined. Yet they have a huge flaw. Their measurement of greenhouse gas savings from biofuels does not take into account greenhouse gas emissions resulting from ILUC, which represent a major problem. The Energy Council of June 2014 agreed to set a limit on the extent to which firstgeneration biofuels can count towards the 10% target. But this limit appears to be less stringent than the ones made previously by the European Commission and the European Parliament. It also agreed to introduce incentives for the use of advanced (second- and third-generation) biofuels which would be allowed to count double towards the 10% target. But this again appears extremely modest by comparison with what was previously proposed. Finally, the approach chosen to take into account the greenhouse gas emissions due to ILUC appears more than cautious. The Energy Council agreed that the European Commission will carry out a reporting of ILUC emissions by using provisional estimated factors. A review clause will permit the later adjustment of these ILUC factors. With such legislative orientations made by the Energy Council, one cannot consider yet that there is a major shift in the EU biofuels policy. Bolder changes would have probably meant risking the collapse of the high-emission conventional biodiesel industry which currently makes up the majority of Europe’s biofuel production. The interests of EU farmers would have also been affected. There is nevertheless a tension between these legislative orientations and the new Commission’s proposals beyond 2020. In any case, many uncertainties remain on this issue. As long as solutions have not been found to minimize the important collateral damages provoked by the first generation biofuels, more scientific studies and caution are needed. Meanwhile, it would be wise to improve alternative paths towards a sustainable transport sector, i.e., stringent emission and energy standards for all vehicles, better public transport systems, automobiles that run on renewable energy other than biofuels, or other alternatives beyond the present imagination.

Sustainability planning guide for Illinois state agencies.

The Illinois Green Government Coordinating Council promotes the incorporation of pollution prevention and resource conservation practices into government management and operations. The Council works with state agencies to reduce waste, improve energy efficiency, conserve water, increase recycling and reuse of materials, incorporate green building principles into new construction and renovation projects, and acquire and use environmentally friendly products.

How useful is the genuine savings rate as a sustainability indicator for regions within countries? Australia and Queensland compared

This article shows how macroeconomic indicators of sustainable development can be applied to the Queensland economy. While recognising the complex and contentious theoretical and practical issues in deriving the Genuine Savings Rate (GSR) to serve as such an indicator, we use the World Bank's methodology, which includes only mineral depletion, deforestation and carbon dioxide emissions as environmental terms, to estimate GSRs for Queensland for the period 1989 to 1999, and compare these to World Bank estimates of Australia's GSR for the same period. We find that Queensland has a higher rate of natural resource depletion and a lower GSR than the whole of Australia. We also examine how well the World Bank GSR performs as a 'headline' measure of overall sustainability, review criticisms of the GSR, and compare its implicit policy implications with those of net state savings, and of the GSR plus a suite of other indicators.

A community leadership web site project: Sustainability and other issues

This paper reports on an ongoing partnership between Queensland University of Technology and Volunteering Queensland regarding the development and revision of a website for community leaders. The website, designed in late 2003, was established to provide a range of learning activities for community leaders including a problem based learning activity, case studies of community leaders and a range of resources deemed significant for leaders in the community. To date, anecdotal evidence as well as some more hard evidence (i.e. number of visits to the site), indicates that the site appears to be a valuable resource for community leaders. The purpose of this paper was firstly to investigate the utility of the site and secondly to consider some bigger issues concerning its sustainability. To achieve this, the paper explores the perceptions of (i) a group of community leaders regarding the strengths and weaknesses of the site; and (ii) key stakeholders (from QUT and Volunteering Queensland) who participated in a focus group discussion to consider important issues relating to its management and sustainability. Themes emerging from the two groups are provided and implications for small scale partnership projects such as this one are discussed.

Achieving key dimensions of sustainability: Strategic visioning as a tourism destination planning tool

Tourism has had, and is continuing to have, a profound impact upon destinations, economically, environmentally and socially. The negative impacts of tourism have been attributed, among other things, to inadequate or non-existent planning frameworks for tourism development, and it has therefore been advocated that tourism planning is vital to offset some of these negative impacts. While several different approaches have been supported over the years, tourism planning based on the philosophies of sustainability has emerged as one ofthe most comprehensive approaches. However, two critical concepts have been identified as precursors to sustainable development: a strategic Qrientation towards tourism planning and enhanced levels of multiple stakeholder participation in the tourism planning process (Simpson 2001 ). While both strategic tourism planning and stakeholder participation and collaboration, have received considerable attention in the academic literature, there has been relatively little written about its practical application. However, the somewhat recent emergence of the strategic visioning concept as a destination planning tool may provide the necessary practical framework for incorporating stakeholder collaboration into destination strategic planning and management. This paper will provide a synthesis of the stakeholder collaboration, strategic planning and strategic visioning literatures, before conceptually examining the potential applicability._ of the strategic visioning process in achieving meaningful stakeholder participation and collaboration in destination planning.