TY - CHAP

T1 - Sustainable Development and Law

AU - Peeters, Marjan

AU - Schomerus, Claus-Thomas

PY - 2016

Y1 - 2016

N2 - Since the emergence of the concept of sustainable development, lawyers across the globe are trying to come to grips with its legal status and the potential legal consequences (See Bosselmann, Sustainability law. Ashgate Publishing, 2008; French, Sustainable development. In: Fitzmaurice M, Ong DM, Merkouris P(eds) The research handbook on international environmental law. Edward Elgar, 2010, and Barstow Magraw D. Hawke LD, Sustainable development. In: Bodansky D, Brunnéé J, Hey E (eds) Oxford handbook of international environmental law. Oxford University Press, 2007). Nowadays, the concept of sustainable development is represented in legally binding texts at international, European, and national levels. Taking EU law as an example, both the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) refer to sustainable development in several articles. This clearly means that sustainable development is part of EU law. The real question, however, is whether this reference to sustainable development in binding law has any significant consequence for legal practice. Can, for instance, the Court of Justice of the European Union annul a decision of the European Commission should this decision be qualified as conflicting with sustainable development? Such a far-reaching and dramatic annulment is most unlikely under EU law, while the potential legal consequences of sustainable development will probably be more subtle. This chapter provides insight into the appearance of sustainable development in international and EU law and gives observations on its possible legal effects and the importance of national decision-making in view of sustainable development.

AB - Since the emergence of the concept of sustainable development, lawyers across the globe are trying to come to grips with its legal status and the potential legal consequences (See Bosselmann, Sustainability law. Ashgate Publishing, 2008; French, Sustainable development. In: Fitzmaurice M, Ong DM, Merkouris P(eds) The research handbook on international environmental law. Edward Elgar, 2010, and Barstow Magraw D. Hawke LD, Sustainable development. In: Bodansky D, Brunnéé J, Hey E (eds) Oxford handbook of international environmental law. Oxford University Press, 2007). Nowadays, the concept of sustainable development is represented in legally binding texts at international, European, and national levels. Taking EU law as an example, both the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) refer to sustainable development in several articles. This clearly means that sustainable development is part of EU law. The real question, however, is whether this reference to sustainable development in binding law has any significant consequence for legal practice. Can, for instance, the Court of Justice of the European Union annul a decision of the European Commission should this decision be qualified as conflicting with sustainable development? Such a far-reaching and dramatic annulment is most unlikely under EU law, while the potential legal consequences of sustainable development will probably be more subtle. This chapter provides insight into the appearance of sustainable development in international and EU law and gives observations on its possible legal effects and the importance of national decision-making in view of sustainable development.

KW - Law

KW - Sustainable development

KW - EU law

KW - International law

U2 - 10.1007/978-94-017-7242-6_9

DO - 10.1007/978-94-017-7242-6_9

M3 - Contributions to collected editions/anthologies

SN - 978-94-017-7241-9

SP - 109

EP - 118

BT - Sustainability Science

A2 - Heinrichs, Harald

A2 - Martens, Pim

A2 - Michelsen, Gerd

A2 - Wiek, Arnim

PB - Springer Netherlands

CY - Dordrecht

ER -