Coherence or Forum Shopping in Biofuels Sustainability Schemes?

Abstract

:While biofuel is one of the ways through which dependency on fossil fuels can be reduced, it is controversial, not least because it may entail a conflict between food production and the rights of local communities on the one hand, and subsidised access to renewable, non-fossil fuel on the other. As a means to reduce these tensions, a large number of voluntary sustainability schemes have emerged, particularly after the EU Renewable Energy Directive was adopted in 2009. If biofuel actors in the EU are to have their biofuels counted within the 10 per cent renewable target, to be attractive, these voluntary schemes must comply with the EU sustainability criteria for biofuels and bioliquids and be approved by the EU. When analysing the voluntary sustainability schemes applying to biofuel, the theory of reflexive law is applied. By highlighting the social dimension of sustainability, more specifically the human rights to participation, land and food, it is found that those schemes that have been developed with the participation of non-governmental organisations stand out from the schemes that are merely industry based. The EU requirements are lower than those voluntary schemes that have been developed and monitored by a multi-stakeholder process. Moreover, the indicators adopted by the Global Bioenergy Partnership (GBEP) are too general to be applicable on specific projects.