Andrea Ross

Modern Interpretations of Sustainable Development

Early interpretations of sustainable development based on weak sustainability address neither the limits to the earths resilience nor our failure to curb consumption. Given the challenges facing the earth today, especially climate change, a much more meaningful instrument is required and a new ethic based on the ecological carrying capacity of the Earth. The article examines the impact of those early interpretations before exploring the importance of ecological sustainability as the moral and (potentially fundamental) legal principle underpinning the concept of sustainable development. It examines the influence of the climate change agenda before examining the mechanisms available to make this ethic operational. Sustainable development has the capacity to set meaningful objectives, duties and rules, and provide boundaries for decision making, as reflected in recent legislation. Enhancing ecological sustainability through improving supply and impact is relatively easy for governments, businesses, and individuals; reducing consumption is much harder, and will require strong leadership.

It's Good to Talk! Environmental Information and the Greening of Industry

This paper focuses on one aspect of industrys contribution to safeguarding the environment: the use and production of environmental information. Access to such information is an important part of the government strategy for promoting shared responsibility for the environment. The objective of the paper is to assess how far public regulation, private regulation and self regulation provide an incentive to industry to use and produce environmental information.

Sustainable Development in Scotland Post Devolution

Following the publication of a critical report by the WWF in October 2001, the Scottish Executive promised ‘a Scotland that delivers sustainable development; that puts environmental concerns at the heart of public policy and secures environmental justice for all of Scotlands communities’. This paper examines the Scottish Executives recent approach to sustainable development, and in particular, the processes and mechanisms used by the Scottish Executive with the aim of delivering sustainable development. It then uses this detailed analysis to test the theory that devolution is itself a policy for sustainable development. The paper concludes that generally, the Scottish Executive has made great strides in its commitment to sustainable development since the publication of the WWF report in 2001 and in many instances the devolution arrangements in Scotland have acted as a catalyst to the sustainable development agenda. However, the failure to produce a strategy severely limits the potential of other measures to deliver and implement sustainable development in an effective fashion. Without a strategy and action plan the danger is that these other measures can be piecemeal, inconsistent and counterproductive.

Environmental Governance in the United Kingdom

The very end of last century saw significant constitutional change in the United Kingdom (UK) through the establishment of a system of devolved government. This has created new legislative and governmental bodies in Scotland, Wales and Northern Ireland enjoying significant powers. Prior to this change, the UK had been governed by a single Parliament and Government since the modern State was established. The devolved authorities are also subject to limitations on their powers in that they cannot lawfully act in a way that is incompatible with European Union (EU) law or with rights under the European Convention on Human Rights. Transparency and public participation have been growing in significance, accelerated by European initiatives on issues such as environmental information and environmental impact assessment, whilst the arrival of the internet has transformed the way in which public consultations can be carried out and information published. Keywords:environmental governance; European Union (EU) law; Public participation; United Kingdom (UK)

Sustainable Development Indicators and a Putative Argument for Law: A Case Study of the UK

This chapters analysis on sustainable development indicators (SDIs) reveals not only an impressive depth of knowledge surrounding what is considered good practice for indicator selection but also a fair bit of agreement. Though the focus is on the UK and its devolved administrations, broader themes are nevertheless noticeable and highlighted where relevant. Indicators come in a variety of shapes and sizes and not all indicators are used for the same purpose. Some are quantitative measurements, framed to capture the current state, trends, or targets. The chapter presents examples taken from the criticisms raised in all the indicator sets to highlight generic issues across all the sets. It concludes that the time has come to investigate how the law could be used to bridge the gap between scientific and social science developments and effective policy making. Keywords:policy making; sustainable development indicators (SDIs); UK

Behind Closed Doors: The Use of Agreements in the UK to Protect the Environment

The wider use of consensual rather than regulatory instruments for securing environmental protection and the wider use of public access to information and public participation in decision-making are both aspects of the drive to promote shared responsibility for the environment. The question addressed here is whether these different approaches to promoting shared responsibility are compatible with each other. The question is tested by reference to the use of agreements to secure environmental goals. The authors conclude that both legislation and practice with regard to the use of agreements make no more than limited provision for access to information and public participation. They argue that this need not be so and indicate how the position could be improved.

Multiple Environmental Designations: A Case Study of Their Effectiveness for the Ythan Estuary

High-value landscapes, habitats, and species are protected increasingly through a range of local, national, and international designations and policies. Often one site may be protected by a multitude of designations. However, international designations are commonly implemented through national mechanisms. Using the Forvie Sands and Ythan Estuary area of northeast Scotland as an example, we review the effectiveness of multiple environmental designations. After an examination of existing and proposed designations for the study area, overlaps and loopholes in environmental protection are identified. We conclude that protection from more than one designation may either afford the site additional protection or emphasise the importance of the site at different levels; local, national, and international. The principal loophole relates to unregulated activities undertaken beyond the designated site which may have an adverse effect on the protected area. Possible solutions include extending the designation to include the sources of the threat or to combine an appropriate designation strategy with effective regulation of the threat itself. In developing designation strategies, environmental protection agencies should consider these options.

Pollution control, the environment and a Scottish environmental protection agency

Abstract The proposed Scottish Environmental Protection Agency is one mechanism by which Government is seeking to put into practice the principles of sustainable development. This is an acknowledgement in part that to effect sustainable development demands innovative policies and institutional arrangements. The paper sets out the nature of the existing and administrative and regulatory arrangements for environmental protection and pollution in Scotland. The established administrative hierarchy of individual bodies, responsibilities, functions and powers provides the context within which the proposed agency will operate. The article reviews the distinctive structure and remit of the Scottish Environmental Protection Agency and considers the advantages and disadvantages of creating a centralised, independent organisation.

The use of presumptions and duties in sustainable development equations: promoting micro-renewables and preserving historic buildings

Sustainable development provides a forum for sometimes complementary, but often conflicting, factors to be raised and the best solution found. As new challenges present themselves, they need to fit into our decision making processes. This article examines the use of presumptions and duties in what it refers to as ‘sustainable development equations’. More specifically, it asks whether the regulatory regime for managing change in listed buildings is promoting and delivering the sustainable management of listed buildings. It does so by examining how various presumptions and duties are used and prioritized by the courts, by Historic Environment Scotland (HES) and local authorities in their policies on managing change and then in practice, in listed building consent decisions relating to solar panels. The paper concludes presumptions and duties are useful tools for ensuring certain factors are brought into sustainable development equations and given the appropriate status. However, in the context of listed buildings, the current balance is not capable of delivering or encouraging their sustainable management. Presumptions and duties are most useful when expressly part of particular regulatory regimes and where the policy that supports these sustainable development equations is sufficiently detailed to provide both regulators and regulated with reassurance and certainty.