Sustainable Development Law in the UK

From Rhetoric to Reality?

Andrea Ross

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English

Earthscan Ltd
30 November 2011

Development studies; Public international law; Environment law; Environmental science, engineering & technology

This book critically examines the UK's approach to implementing sustainable development. First it provides for the first time a detailed account of UK law on sustainable development. Next, it provides a critical review of the various policy, institutional and legal mechanisms used by the UK since the 1980's and by devolved administrations post devolution in 1999 to implement sustainable development. Third, it explains how an increased new legal status for ecological sustainability and sustainable development is consistent with the UK's institutional and legal culture and finally, it demonstrates how this could be made operational through the introduction of a wide range of legal actions for compelling the change needed. The analysis reveals that while much of the institutional and policy architecture for delivering sustainable development is in place in the UK, sustainable development continues to be only incorporated into policy and decision making when governments see obvious short term gains; important principles, priorities and good practice are often ignored altogether. Indeed, the policy and institutional mechanisms developed to implement sustainable development objectives are developed, used and repealed on an ad hoc basis. It is argued that this is due to three key factors. First, there is a lack of leadership for sustainable development in the UK. Second, the UK's approach to sustainable development has varied over time and between jurisdictions and sectors so that no consistent understanding of sustainable development with clear priorities and a framework for decision making exists in the UK. Finally, there are misunderstandings as to the role and importance of sustainable development in decision making especially in relation to related objectives such as economic growth and tackling climate change.

Following on from these conclusions, the book argues that ecological sustainability or respecting the Earth's environmental limits should be afforded the status of legal principle and that with ecological sustainability at its normative core, sustainable development could provide an effective framework for decision making and governance. It then argues that to support this approach and ensure consistency, the time has come for sustainable development to receive legal backing. Over and above its symbolic and educational value, legislation will impose mandatory rules on policy and decision makers often with meaningful consequences both inside and outside the courtroom. Three possible legislative approaches for such intervention are then offered. The volume concludes that a lack of sustainable development leadership may hinder these innovations however, if introduced, these innovations would promote and support effective leadership.

By: Andrea Ross
Imprint: Earthscan Ltd
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 20mm
Weight: 566g
ISBN: 9781849712880
ISBN 10: 1849712883
Pages: 360
Publication Date: 30 November 2011
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Andrea Ross is currently a Reader in the School of Law at the University of Dundee. Before coming to the UK to study towards an LLM in Environmental Law at the University of Aberdeen she qualified as a Barrister and Solicitor in Ontario Canada. Since then she has taught and researched in the areas of public and environmental law for over eighteen years. She is most well-known for her extensive research into the meaning and implementation of concept of sustainable development. An advocate of sustainability literacy in law students she developed some of the UK's first modules in Sustainable Development Law and Environmental Justice which have been replicated elsewhere.a Ms Ross has contributed to inquiries both in the UK and Scottish Parliaments and is the academic member of the Law Society for Scotland's planning law sub-committee.