The element of planning discretion in the context of an up-to-date plan: The implications of the barwood case. Il ‘Rango’ del Principio dello Sviluppo Sostenibile nella Gerarchia delle Fondi del Diritto: Norme Pattizie, Consuetudini Internazionali ed Art. Rivista Quadrimestrale di Diritto dell’Ambiente, 2, 76. Some legal-theoretical outlines on the role of law. Sustainable development: Definitions and models of legal regulation. Sustainable development at a turning point. Squaring the circle? Some thoughts on the idea of sustainable development. I Principi Comunitari della Tutela dell’ambiente. Cartei (Ed.), Cambiamento Climatico e Sviluppo Sostenibile (p. Cambiamenti Climatici tra Strumenti di Mercato e Potere Pubblico. Lastly, this chapter contends that the aims and methods of comparative law transcend the mere assessment of the differences between the rules in force across the various legal systems.Ĭafagno, M. In this respect, it has been argued that an international commitment to sustainable development requires the use of comparative law in order to find, develop and apply solutions to the problems that the imprecise notion of sustainable development engenders.
Secondly, this chapter intends to present some methodological reflections on the comparative approach in the process of defining the field of application of the notion of sustainable development. Against this backdrop, the primary aim of the present chapter is to focus on the problems concerning the legal definition of sustainable development. What is more, a 2015 UN General Assembly Resolution acknowledges that ‘there are different approaches, visions, models and tools available to each country, in accordance with its national circumstances and priorities, to achieve sustainable development’. However, from a legal point of view, the definitions of sustainable development in legal texts are often too vague and in legal literature it is commonly recognised that there is no accepted legal definition. In that sense, it surely has normative implications for lawmaking and legal application. The research project for this book is concerned with pointing out the balancing of a variety of objectives-including that of economic progress, environmental protection, individual rights, and collective interests-that is often shielded by this notion. ‘Sustainable development’ is a multifarious and multidisciplinary notion.
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