Abstract

In this introduction to the special issue of Sustainability on environmental laws and sustainability, we attempt to synthesize key lessons from the issue’s ten substantive articles. These lessons involve the use of law to achieve integrated decision-making, the use of pre-existing laws to foster sustainability, the centrality of sub-national governments in achieving sustainability, the background law of unsustainable development, the growing importance of climate change, the need to use law to protect and restore ecological integrity, the importance of judicial review and nongovernmental organizations, the need to translate sustainability into specific legal principles, the challenge of creating an appropriate national legal structure for sustainability, the importance of sustainability assessment tools and institutions before and after laws are adopted, and the importance of “soft” law.

Highlights

  • Sustainable development provides a framework for humans to live and prosper in harmony with nature rather than living, as we have done for centuries, at nature‟s expense

  • If we are to make significant progress toward a sustainable society, much less achieve sustainability, we will need to develop and implement laws and legal institutions that do not exist, or that exist in a much different form. Since their clients in government, business, Sustainability 2011, 3 and nongovernmental organizations increasingly demand legal work that addresses sustainable development issues, lawyers have begun to respond to that demand

  • Rather than summarize each article, we identify and describe their cross-cutting lessons respecting what “law for sustainability” requires

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Summary

Introduction

Sustainable development provides a framework for humans to live and prosper in harmony with nature rather than living, as we have done for centuries, at nature‟s expense. Other needed legal involve a wide range of other laws, including land use and property laws, tax laws, laws involving our governmental structure, and the like This special issue of Sustainability is not just about the relationship between law and sustainability. The urgency of the task before us requires this kind of engaged scholarship: providing information, tools, and ideas that policy makers, practicing lawyers, and others can use to address the challenges and opportunities of sustainability. The contributors to this special issue bring a wide variety of professional, academic, and geographic perspectives to bear on this question. Reading this introduction is not a substitute for reading the thoughtful and provocative articles included in this special issue

Lessons about What “Law for Sustainability” Involves
Use of Law to Require Integrated Decision-Making
Use of Pre-Existing Laws to Foster Sustainability
The Centrality of Sub-National Governments in Achieving Sustainability
The Background Law of Unsustainable Development
The Growing Importance of Climate Change
The Need to Use Law to Protect and Restore Ecological Integrity
The Importance of Judicial Review and Nongovernmental Organizations
2.10. The Importance of “Soft” Law
Findings
Conclusion
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