Law, Lawyers and Sustainable Development
By Prof. Gregory S. Weber, Institute Director
Sustainable development has been defined by the World Commission on Environment as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development promotes economic development, environmental protection and social equity. While the particular balance struck among these three interests will vary from place to place and project to project, in the long run, the failure of countries, regions and municipalities to integrate all three will lead to increased poverty, environmental degradation or social injustice.
Sustainable development principles rose to international prominence in the twenty years between the 1972 United Nations Conference on the Human Environment, held in Stockholm, and the Earth Summit of 1992, held in Rio de Janeiro. The 172 nations that participated in the Earth Summit adopted the "Rio Declaration on Environment and Development." That Declaration contained 27 principles to guide future development. In addition, the Earth Summit adopted Agenda 21, an international development strategy for the 21st century. "Agenda 21 highlights 38 key environment and development issues containing 132 priority program areas and over 2,500 recommendations for action." Since 1992, nations have attempted to implement Agenda 21. In 2002, many gathered at the World Summit on Sustainable Development, in Johannesburg, to review their progress and reaffirm their commitment to Agenda 21. At the international level, work continues under the auspices of the United Nations Commission on Sustainable Development. Prominent roles are also played by development banks and non-governmental organizations.
Despite the progress made to date in increasing awareness of sustainable development goals and principles, much work remains to be done. Lawyers have a critical role to play in helping nations, regions and municipalities to implement sustainable development goals and principles. Among other things, they help their clients design law and policy development institutions; design and participate in administrative, legislative, and judicial processes; negotiate agreements; articulate issues and issues in other public fora; and draft and enforce statutes and regulations.