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  • Author or Editor: Margherita Pieraccini x
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This chapter takes at its point of departure SDG 14 (life below water) and the specific target of conservation (SDG 14.5). It shows that interpreting SDG 14.5 within the context and purpose of Agenda 2030 means paying attention to three main sustainability criteria. The first relates to substantive socio-ecological inter-pillar relationality, that is to say an acknowledgement of ontological relationality between pillars, beyond an understanding of sustainability as trade off. The second relates to intra-pillar relationality, that is links between conservation and other environmental sectors and the third to procedural inclusion through participatory decision-making in line with the epistemic pluralisation of sustainability. These three criteria are used to assess the sustainability of current EU marine conservation law. One legislative instrument on marine conservation in EU law is chosen as example, namely the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. The Habitats Directive is the cornerstone of conservation law in the EU and it is among the instruments listed by the European Commission as ways to support the implementation of Agenda 2030 and target 14.5.

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This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time.

Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels.

With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.

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This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.

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This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.

Restricted access

This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.

Restricted access

This important volume steps beyond conventional legal approaches to sustainability to provide fresh insights into perhaps one of the most critical global challenges of our time. Offering analysis of sustainability at land and sea alongside trade, labour and corporate governance perspectives, this book articulates important debates about the role of law. From impacts on local societies to domestic sustainable development policies and major international goals, it considers multiple jurisdictional levels. With original, interdisciplinary research from experts in their legal fields, this is a rounded assessment of the complex interplay of law and sustainability—both as it is now and as it should be in the future.

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This preliminary chapter traces the development of the sustainability agenda at multiple decision-making scales, also incorporating recent and upcoming political changes. In doing so, it provides a critical discussion of the historical, non-linear development of sustainability, showing the malleability of the concept, its ethical underpinning and the influence of the political realm in shaping the legal and policy articulations of sustainability. The analysis is informed by critical theory and environmental law theory. More specifically, rejecting the modernist dichotomy between the Eco and the Anthropos, we move beyond a pillar approach to sustainability and consider the scope for dissensus, a more relational analysis and a transition towards the pluriverse.

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This chapter focuses on the contemporary framing of sustainability in the context of the adoption of Agenda 2030 and the Sustainable Development Goals (SDGs). In this setting, we consider the potential coherence and tensions between attempts to protect ‘people’ and the ‘planet’ while promoting ‘prosperity’, ‘peace’ and ‘partnership’. We begin by examining the identities and intentions of the policy actors engaged in formulating the SDGs, as revealed preparatory documentation. We then address the scope for debate (and even conflict) regarding the content of the SDGs and their interaction. Finally, we consider the processes created for supervision of SDG implementation at the UN level by the High Level Political Forum (HLPF). SDG 16 would seem to enable inclusive dialogue with diverse participants offering alternative knowledge bases for policy development, while SDG 17 conceives of a global partnership for development. The crucial question is whether the orchestration offered by the HLPF has that participatory potential.

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Sustainability has dominated the policy discourse for at least five decades, with its most popular articulation to be found in the Brundtland report in 1987 (World Commission on Environment and Development, 1987). Today, Agenda 2030 and the Sustainable Development Goals (SDGs) (UN, 2015) have renewed concern with legal perspectives on sustainability, for, at the European and domestic levels, sustainability and sustainable development are prominent in policy, and also in legally binding instruments. Examples include Article 3 of the Treaty on EU, which makes sustainable development a goal for the Union, and the environmental integration principle in Article 11 of the Treaty on the Functioning of the European Union.

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