Abstract
The purpose of this research is to analyze inclusion of sustainable development principles in relevant legislation as normative concepts. For the purpose of this research, Constitution of the Republic of Kosovo and 22 laws are analyzed regarding the level of the incorporation of sustainable development principles within their provisions and field of regulation. The legal basis for sustainable development lies in the Constitution of Kosovo under the Chapter on Economic Relations promoting wellbeing for all citizens encouraging a sustainable economic development. The research identified nine laws including more than one of the principles, six laws that treat sustainable development in very general terms, and seven laws that do not include anything regarding the principles, although their scope has significant impacts in sustainable economic, social, and environmental development of the country. The most prominent principle was sustainable use of resources; however, principles pertaining to the use of local resources and social justice were not found in any of current legal provisions. Laws on environmental protection, nature conservation and water include the most sustainable development principles. However, although the current legislation might be considered satisfactory regarding the extent to which it includes sustainable development principles, Kosovo is far from a sustainability path. This is related to the post-war situation of the country, unclear economic development directions, weak law enforcement, and poor cooperation of horizontal and vertical lines of public authorities and government agencies.
Highlights
Since the mid-eighties, sustainable development has become a popular catchphrase for attempts to link economic development with maintenance of an ecologically determined carrying capacity (World Commission on Environment and Development 1987, United Nations 1992)
The purpose of the analysis is to find out if 10 principles of sustainable development are included in the provisions of these laws and if so to what extent have the concept and principles of sustainable development been addressed
The law on nature conservation requires the government to prepare for adoption the Biodiversity Strategy and Action Plan, a ten-year planning document with “long term goals for conservation of biodiversity...and use of nature in accordance with general economic, social and cultural development” (Art. 141) (Law Nr. 2009/03-L-25). Both documents are adopted; very little of their objectives are implemented so far. This is the first study about the normative scope of the sustainable development principles in the current relevant legislation in Kosovo
Summary
Since the mid-eighties, sustainable development has become a popular catchphrase for attempts to link economic development with maintenance of an ecologically determined carrying capacity (World Commission on Environment and Development 1987, United Nations 1992). The concept of sustainability has been present for the last decade in academic papers, syllabuses of program studies, boardrooms of central and local authorities, corporations, etc. Sustainability has become a “fashionable” concept in theory, but it is considered extremely expensive to be put in practice by corporations, firms, and local or national governments (Bac, 2008). The concept of sustainable development has been widened to include economic development, ecological stability and compatibility with social goals and values (Tremmel, 2003).
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