The challenge of environmental law as a tool for balancing environmental and economic interests, in the search for sustainable development

Abstract

Sustainable development necessitates balancing the interests and concerns of both the environment and the economy. The importance of environmental law as a tool to balance these potentially conflicting interests is increasing. Germany, in particular since reunification, provides a good case study of the challenges inherent in a highly industrialized nation towards achieving sustainable development. Since reunification, the concept of sustainable development, in terms of the protection of the essential basis for the existence of future generations, has been incorporated into the constitution in 1994. Explicit means for how to harmonize the needs of both the economy and the environment, however, remain unclear. This is particularly evident in the implementation of so-called “acceleration” laws, designed to shorten the processing time in the re-development of former east Germany, particularly in the areas of transportation infrastructure, wastewater disposal facilities, and housing construction. The implementation of these acceleration laws is generally at the expense of environmental concerns and public involvement in the decision making process. The effectiveness of environmental law as a tool to balance the needs of the environment and the economy, as is required for sustainable development, remains an unmet challenge.