Part 6 - Sustainability and Law

“Sustainability law” encompasses a variety of inter-related disciplines, the common theme of which is the constitutions imperative of securing “ecologically sustainable development and use of natural resources while promoting justifiable economic and social development”- IMBEWE Sustainability Law practice, Johannesburg, South Africa.

The sustainability challenges we face today are greater than any we have previously confronted. Each year we are losing over 5 million hectares of forest, and an estimated 10,000 distinct species. Climate change is accelerating, and will have sweeping impacts on marine and terrestrial ecosystems as well as weather patterns. Land, air, freshwater and marine pollution further threatens conditions in the natural environment. These challenges translate into direct impacts on human wellbeing. Poverty, hunger, water scarcity, lack of sanitation and violent conflict can all be linked to environmental problems.

Law is a necessary part of the solution to sustainability challenges. It is not the whole solution – that encompasses a complex system of social, economic and political processes and relationships – but it is an essential component. To achieve sustainability goals, appropriate and well-implemented legal frameworks and tools must be in place. And, importantly, they must be effective. It is not enough that laws are enacted, or even that they are fully implemented – they must work. And to ensure that laws work, we must first understand what makes law effective. What factors contribute to its design, implementation, outcome and ultimate impact? And what can we do to improve it?