Significant developments in sustainable development law and governance: A proposal

This article develops a practical proposal for progress on sustainable development law. It examines the prospects for an international sustainable development law to provide a framework for more effective, coherent governance. Sustainable development law is briefly defined and an analytical framework is provided. Different degrees of integration between economic, social and environmental law are described. Certain principles of international law related to sustainable development are also highlighted. It is argued that these principles may serve to guide law‐makers and jurists where social, economic and environmental law and policy conflict or overlap. Continuing, underlying questions of sustainable development governance are addressed and its global frameworks analysed. The article also focuses on the 2002 World Summit on Sustainable Development, held in Johannesburg in August‐September 2002, and its specific mandate for the United Nations Commission on Sustainable Development (UNCSD) to take related legal developments into account. The article advances a proposal: that governments, economic, social and environmental intergovernmental organizations and other actors establish a ‘network of inquiry’ with members from relevant groups, including legal and academic organizations, and other expert groups, in order to follow, research, analyse and debate legal developments in a balanced way.     

Delving into the “Institutional Black Box”: Revealing the Attributes of Sustainable Urban Water Management Regimes1

van de Meene, Susan J. and Rebekah R. Brown, 2009. Delving into the “Institutional Black Box”: Revealing the Attributes of Sustainable Urban Water Management Regimes. Journal of the American Water Resources Association (JAWRA) 45(6):1448‐1464. Abstract: This paper is based on the proposition that the transition to sustainable urban water management has been hampered by the lack of insight into attributes of a sustainable urban water regime. Significant progress has been made in developing technical solutions to advance urban water practice, however it is the co‐evolution of the socio‐institutional and technical systems that enable a system‐wide transition. A systematic analysis of 81 empirical studies across a range of practice areas was undertaken to construct a schema of the sustainable urban water regime attributes. Attributes were identified and analyzed using a framework of nested management regime spheres: the administrative and regulatory system, inter‐organizational, intra‐organizational, and human resources spheres. The regime is likely to involve significant stakeholder involvement, collaborative inter‐organizational relationships, flexible and adaptive organizational cultures, and motivated and engaging employees. Comparison of the constructed sustainable and traditional regime attributes reveals that to realize sustainable urban water management in practice a substantial shift in governance is required. This difference emphasizes the critical need for explicitly supported strategies targeted at developing each management regime sphere to further enable change toward sustainable urban water management.     

Implementing SDG 15: Can large‐scale public programs help deliver biodiversity conservation,restoration and management,while assisting human development?

Among the Sustainable Development Goals (SDGs), the proposed SDG 15 promotes activities that, inter alia, “Protect, restore and promote sustainable use of terrestrial ecosystems”. An important potential contribution in achieving SDG 15 is through public programmes designed to jointly promote human development through poverty alleviation and improvement of human livelihoods and biodiversity conservation/management/restoration. An analysis of twenty public programmes with such joint objectives yielded twelve lessons learned. In addition to financial commitments, government and intergovernmental agency input for such public programmes includes ensuring political will and appropriate legal frameworks. Local communities and civil society provide input through traditional and indigenous ecological knowledge and stewardship. Appropriate shared inputs in development and the implementation of such public programmes, with communication between local community, broader civil society, the scientific community and governments will result in: better use and management of biodiversity; alleviation of poverty; security of livelihoods and better governance systems. The Ecosystem Approach of the Convention on Biological Diversity provides an ideal framework when planning and implementing new programmes. Application of the lessons learned to new public programmes will ensure that the answer to the question posed in the title is an emphatic “Yes”, and assist with the achievement of SDG 15.     

Transfrontier conservation areas: Integrating biodiversity and poverty alleviation in Southern Africa

Sub‐Saharan Africa continues to face the daunting challenge of alleviating poverty due to slow economic growth. In southern Africa, most countries are adopting policies that promote the integration of biodiversity conservation and rural development to contribute to rural poverty alleviation. Numerous approaches have been undertaken in this endeavour, including Transfrontier Parks (TFPs) and Transfrontier Conservation Areas (TFCAs). This paper discusses some of the limitations of the TFPs. In conclusion I posit that unlike TFPs, which are state controlled and managed, TFCAs, which promote multi‐land use and multi‐stakeholder participation are attainable and have a higher probability of sustaining biodiversity conservation and contributing to the alleviation of rural poverty, if: (i) areas of high biodiversity conservation within communal areas can be identified, zoned and leveraged to biodiversity conservation and managed in partnership between the communities and the private sector; (ii) local communities can secure legal rights to their customary land being devoted to biodiversity conservation and use such pieces of land as collateral in negotiating partnerships with the private sector in developing conservation‐based enterprises; (iii) functional community natural resource governance institutions can be established and empowered to represent their constituencies in securing fair equity from profits made from sustainable use of the conserved biodiversity assets and tourism businesses; (iv) concerted effort can be invested in developing and implementing family planning and fertility reduction strategies that would slow down human population growth to levels that can be sustained by the available natural resources; and (v) if sustainable financing mechanisms can be developed, and the governance of protected areas occurring in the TFCAs can be broadened to include other stakeholders.     

A green garden on red clay: creating a new urban common as a form of political gardening in Cologne,Germany

In March 2012, a brownfield site in Cologne was transformed into “a green garden on red clay”, when a community garden called NeuLand (new land) was created. This paper investigates in how far NeuLand is typical for a new form of political engagement 2.0, focused on local problems at people's doorstep rather than global critiques of political systems, which finds its expression in direct actions typical for the networked society, e.g. “green flash mobs.” Its potential to provide a blueprint for imagining and enacting alternative futures and new ways for citizens to claim their “right to the city” is being assessed. NeuLand provides an experiment with new forms of (urban) commons and possibly a (re)turn to the “liveable city” to replace the current neoliberal ideal of the “entrepreneurial city” [Harvey, D., 1989. From manageralism to entrepreneuralism: the transformation of urban governance in late capitalism. Geografiska Annaler, Series B, Human Geography, 71 (1), 3–17], developing new solutions to problems of urban management and city development that extend beyond the voluntary engagement of citizens within the logic of the neoliberal “big society.” Extending the scope beyond the analysis of urban gardening projects as examples of sustainable food production, or as vehicles for fostering community cohesion, integration or social capital, the NeuLand experiment is linked to wider debates of alternative and more sustainable socio-ecological futures than those currently practised in the newly “neoliberalizing cities” of Germany.     

The design of decision-making: participatory budgeting and the production of localism

This paper examines participatory budgeting (PB) as an instrument of localism – the devolution of political governance with the aim to produce sustainable democratic communities. This will be achieved through a detailed exploration of the decision-making mechanisms for creating local governance through PB schemes designed and organised by the Cornwall Council (UK). First introduced in the UK by the previous Labour administration in 2008, PB has become a tool of the Conservative-Liberal Democrat coalition government and is central to the neoliberal ethos of Big Society and localism. In a time of rapid political change, we respond to Eaton's [2008. From feeding the locals to selling the locale: adapting local sustainable food projects in Niagara to neocommunitarianism and neoliberalism. Geoforum, 39, 994–1006, 996] suggestion that greater attention be paid to “the specificities of particular neoliberal projects” by focusing on the micro-politics of PB. We draw upon empirical evidence from PB pilot schemes run in rural Cornwall in 2008, examining the effect of “nudging” decision-making. Grounding this inquiry in the existing literature on neoliberal statecraft, this paper investigates the role of government technologies which seek to frame local governance using mechanisms of libertarian paternalism [Painter, J., 2008. European citizenship and the regions. European Urban and Regional Studies, 15, 5–19; Painter, J., 2010. Rethinking territory. Antipode: A Radical Journal of Geography, 42, 1090–1118; MacLeavy, J., 2008. Neoliberlising subjects: the legacy of new labour's construction of social exclusion in local governance. Geoforum, 39, 1657–1666]. We argue in this paper that neoliberal ideology has integrated the epistemology of behavioural economics. We draw conclusions commensurate with the outcomes of PB projects conducted in Latin America, namely that citizens can be steered towards making certain decisions. We assert that in order to direct decision-making successfully, governmental “top-down” frameworks and goals need to be married with local geographies and “bottom-up” local desires and aspirations, thereby enabling a “countervailing power” [Sintomer, Y., Herzberg, C. and Rocke, A., 2008. Participatory budgeting in Europe: potentials and challenges. International Journal of Urban and Regional Research, 32, 164–178] to develop. This power is exercised by a participating and scrutinising citizen that contribute towards, and balance, governmental practices of PB. With a wider governmental emphasis on designing or “architecting” choice in opportunities for local governing, there is now an even greater necessity to recognise the context of geography in local government community-orientated initiatives.     

Pashmina production and socio‐economic changes in the Indian Changthang: Implications for natural resource management

A unique pastoral community uses the arid rangelands of eastern Ladakh, known as Changthang, northern India. The nomadic people rear a variety of livestock such as sheep, goats, horses and yaks, which provide them with various goods and services. Nevertheless, the needs and aspirations of the people are changing. There is a trend towards increasing the livestock population, especially of a breed of goat that produces one of the finest natural fibres: Pashmina, which is the mainstay of their economy. This increase in goat population, however, is jeopardising the long‐term survival of the wild herbivores in the region, and as such is not sustainable. We present information on the current trends in socio‐economy, Pashmina production, wildlife conservation, and the conflicts of interest between wildlife and nomads in the region. On the basis of this information, we make suggestions for the conservation of natural resources in the region. We recommend preserving the historical societal norms and notions of the people, and capitalising on them to manage natural resources. We also recommend joint management of natural resources by the local people, State and non‐governmental organisations. Our findings provide a platform on which a grazing policy for the region may be formulated.     

Dryland characteristics and its optimized eco‐productive paradigms for sustainable development in China

Dryland area occupies 37% of the national territory in China. Desertification and other disasters have limited dryland sustainable development. Here we overview the dryland characteristics and desertification status and introduce four regionally optimized eco‐productive paradigms for dryland sustainable development, i.e., the mountain‐oasis paradigm in arid desert; the small watershed‐based paradigm on the Loess Plateau; the integrated animal husbandry paradigm on the Inner Mongolia Steppe and the agro‐pastoral transitional region; and three circle paradigm on the Ordos Plateau. These paradigms are established on the basis of regional landscape patterns and their underlying material and energy flow rules, and different functional belts are determined and capitalized upon with the integrated consideration of regional biogeophysical processes, biogeochemical cycles and biogeosocial relations. These paradigms cannot cover all complex landscape types, but provide theoretical frameworks and practicable models for dryland sustainable development in China.     

Governing the ungovernable? Reflections on informal gemstone mining in high-altitude borderlands of Gilgit-Baltistan,Pakistan

The ethnically diverse high-altitude region of Gilgit-Baltistan, with its complex political history, remains relatively free from the controlling gaze of the central state apparatus of Pakistan. In these extraordinary terrain, where local communities rule the region as the “State by proxy”, informal gemstone mining provides an important supplement to livelihoods. This paper shows that gemstone mining in Gilgit-Baltistan is characterised by customary rules and regulations that are based on collective responsibility, and members follow customary authorities because they are not external to the community. It argues that the very idea of centralised “governance” of mineral resources, used widely in contexts of resource extraction as the panacea, needs to be reconsidered when dealing with the particularities of the context. It draws on the concept of ungovernability to underline the fact that sometimes it may simply be impossible to administer informal mining in the conventional sense of the term. It suggests in conclusion that informal mining, which has a long history in Pakistan and has played an increasing role as a source of rural employment and revenue, needs to be accommodated within the legal framework of mining. More importantly, to govern informal mining of gemstones, the first task would be to consider how things are currently done, understanding and respecting customary laws, and build upon them to incorporate their elements into systems that acknowledge community rights and a more equitable sharing of benefits.     

Shale gas development and community response: perspectives from Treaty 8 territory,British Columbia

Northeast British Columbia (BC), Canada, is the site of a fast-growing shale gas industry that is a cornerstone of the current provincial government's economic policy. In this paper, we explore the perspectives of local First Nations (members of Treaty 8) regarding governance of this industry, focusing in particular on the experiences of the Fort Nelson First Nation (FNFN). Based on findings from 15 in-depth interviews with staff from four Treaty 8 First Nations, the Treaty 8 Tribal Association, oil and gas companies, and the Government of BC, we argue that current governance processes fail to adequately protect the environment and treaty rights. We also explore the diverse tactics that the FNFN is using to gain influence over shale gas development within its territories as the Nation seeks to achieve “balanced development” that protects the local ecology and treaty rights while maximising local economic benefits. Through an array of tactics and collaboration with diverse actors, the FNFN has been partially successful in challenging industry's social license to operate and has brought the provincial government back to the table to negotiate new decision-making arrangements on a “government to government” basis. Still, the regulation and management of a fast-paced global industry are a vast burden for a small community to bear. The FNFN's work has also shown the need for further research on how local efforts for equitable and environmentally sustainable approaches to shale gas regulation can be scaled up, institutionalised, and used to create political opportunities in other contexts.     

Herders’ Perceptions of and Responses to Climate Change in Northern Pakistan

Migratory pastoralism is an adaptation to a harsh and unstable environment, and pastoral herders have traditionally adapted to environmental and climatic change by building on their in-depth knowledge of this environment. In the Hindu Kush Himalayan region, and particularly in the arid and semiarid areas of northern Pakistan, pastoralism, the main livelihood, is vulnerable to climate change. Little detailed information is available about climate trends and impacts in remote mountain regions; herders’ perceptions of climate change can provide the information needed by policy makers to address problems and make decisions on adaptive strategies in high pastoral areas. A survey was conducted in Gilgit–Baltistan province of Pakistan to assess herders’ perceptions of, and adaptation strategies to climate change. Herders’ perceptions were gathered in individual interviews and focus group discussions. The herders perceived a change in climate over the past 10–15 years with longer and more intense droughts in summer, more frequent and heavier snowfall in winter, and prolonged summers and relatively shorter winters. These perceptions were validated by published scientific evidence. The herders considered that the change in climate had directly impacted pastures and then livestock by changing vegetation composition and reducing forage yield. They had adopted some adaptive strategies in response to the change such as altering the migration pattern and diversifying livelihoods. The findings show that the herder communities have practical lessons and indigenous knowledge related to rangeland management and adaptation to climate change that should be shared with the scientific community and integrated into development planning.     

A Question of Boundaries: The Importance of “Revenuesheds” for Watershed Protection1

Patterson, Lauren A., Jeffrey Hughes, Glenn Barnes, and Stacey I. Berahzer, 2012. A Question of Boundaries: The Importance of “Revenuesheds” for Watershed Protection. Journal of the American Water Resources Association (JAWRA) 48(4): 838‐848. DOI: 10.1111/j.1752‐1688.2012.00655.x Abstract: Watersheds transcend jurisdictional boundaries; raising important questions of who should pay for watershed protection, and how can watershed governance be funded? The responsibility and cost for watershed protection has progressively devolved to local governments, resulting in additional negative externalities and financing challenges. Watershed governance structures have formed at the scale of the watershed, but they often lack the financing mechanisms needed to achieve policy goals. Financing mechanisms via local governments provide a reliable source of revenue and the flexibility to address watershed specific issues. We develop a “revenueshed” approach to access the initial challenges local governments face when seeking to finance trans‐jurisdictional watershed governance. The revenueshed approach engages local governments into discussion and implementation of financial strategies for collaborative watershed governance. Legislation places water quality regulations primarily on local governments inside the watershed. The revenueshed approach extends the financial and stewardship discussion to include local governments outside the watershed that benefit from the watershed. We applied the revenueshed approach to the Mills River and Upper Neuse watersheds in North Carolina. Mills River had a partnership governance seeking revenue for specific projects, whereas the Upper Neuse sought long‐term financial stability to meet new water quality legislation.     

Cocky and climate smart? Climate change mitigation and place-branding in three Swedish towns

Sustainable development has emerged as a distinctive marker of place identity in addition to traditional markers such as buildings and spectacles. Climate change mitigation as a potential place brand, indicating sustainable development, is in focus of this article, comparing such efforts in three Swedish towns. Based on documentary studies and interviews, it demonstrates how one town has been successful in branding itself as “the Greenest City in Europe”, whereas mitigation efforts in two other towns are barely known outside the town halls. In the first case, a combination of material, symbolic, and institutional components has been decisive in establishing a brand with internal and external legitimacy. This case highlights the importance of a dedicated network of influential actors and a potent governance structure visualising the will of a town to make its climate mitigation efforts known. Despite similar material conditions, the two others come short on the symbolic and the institutional dimensions, although they may still have a potential for future success in terms of mitigation both in practice and as a marker of identity.     

Achieving SDG 6: water resources sustainability in Caribbean Small Island Developing States through improved water governance

Scientific findings confirm that Small Island Developing States (SIDS) in the Caribbean are experiencing droughts and sea level rises that are contributing to saline intrusion of underground aquifers and surface water sources. This paper, using Trinidad as a case study, analyses water governance challenges in meeting Sustainable Development Goal (SDG) 6, which addresses the sustainability of water resources. Interviews were conducted with professionals from multi‐disciplinary backgrounds. Also, data provided by the water agency were analysed to evaluate water governance practices. The main contribution of this paper is the generation of a blend of policies, good practices and tools to confront growing threats to water security and to attain sustainable development in Caribbean SIDS in an era of climate change and increasing non‐climatic stressors. The paper concludes that economic, environmental and human resources, reformed administrative and legislative systems, and technological tools are fundamental to achieving good water governance. Moreover, an array of complementary policies and technologies is needed to resolve water governance issues. However, political will to implement sustainable water resources management is the greatest challenge in attaining SDG 6.     

Upstream Sediment‐Control Dams: Five Decades of Experience in the Rapidly Eroding Dahan River Basin,Taiwan

Sedimentation is emerging as a key issue in sustainable reservoir management. One approach to controlling reservoir sedimentation is to trap sediment in hydraulic structures upstream of the reservoir. In the 1,163‐km² catchment of the Dahan River (Taiwan) over 120 “sabo” dams were built to reduce sediment yield to Shihmen Reservoir. Built in 1963 for water supply, Shihmen has lost over 40% of its 290‐Mm³ storage capacity to sedimentation. Most of these upstream structures were small, but three had capacities >9 Mm³. Field measurements and historical data from the Water Resources Agency show most smaller dams had filled with sediment by 1976. The three largest were full or nearly so by 2007, when one (Barlin Dam) failed, releasing a pulse of 7.5 Mm³, most of its 10.4 Mm³ stored sediment downstream. The Central Range of Taiwan is rapidly eroding (denudation rates 3‐6 mm/yr), so geologically high loads make sediment problems manifest sooner. Even in other environments, however, eventually small dams built upstream of large reservoirs are likely to fill themselves, creating multiple small sediment‐filled reservoirs, some located in sites inaccessible to mechanical removal. Our analysis suggests sabo dams do not offer a long‐term basis for controlling reservoir sedimentation in such a high‐sediment yield environment. Sustainable solutions must somehow pass sediment downstream, as would be accomplished by a sediment bypass around Shihmen Reservoir, as now being studied.     

HIV and AIDS: Responding to a threat to education for sustainable development

The article seeks to sensitize the development community, particularly outside the education sector, about the issues surrounding education as a vehicle for promoting sustainable development in an AIDS environment in Africa. By illustrating how the epidemic impacts education sector staff as well as parents and students at all levels, the article intends to suggest how national authorities, NGOs and donor agencies can work out strategies to enhance the role of education in promoting sustainable development in Africa. Analysis will demonstrate how the AIDS epidemic weakens the education sector, particularly in countries with a generalized epidemic (defined as more than 3% of the adult population being HIV‐positive), undermining the sector's ability to contribute to general literacy and sustainable development. The article will demonstrate that HIV and AIDS is still not fully accepted as an educational issue, which has hampered efforts to deal with its ravages in the educational sector. The need for holistic policy frameworks for supporting teachers and administrators living with HIV and AIDS will be discussed as well as how changes in curriculum and better relations with the community are important in addressing the needs of students. The article will highlight options for developing innovative responses to HIV and AIDS in African education, showing how different forms of education can serve as vehicles for responding to the challenges of the epidemic. The examples emphasize the importance of learner‐centered instruction and partnerships with the health sector and other resources needed in an AIDS‐affected environment. Key messages of the article are that the HIV and AIDS epidemic is a multi‐sectoral problem and that responding to it effectively in the education sector requires coherent responses that address the needs of learners and instructors, including those who are personally affected or infected by HIV and AIDS. Adapting the Education for Sustainable Development initiative to address the challenges posed by the epidemic must be supported by policy development, leadership and advocacy. Diverse partnerships are essential, as the education sector alone cannot deal with the challenge of HIV and AIDS to sustainable development.     

Governance of seed and food security through participatory plant breeding: Empirical evidence and gender analysis from Syria

This paper presents the findings of a study on the governance of seed conducted in the framework of a participatory plant breeding (PPB) programme, based on a multi‐year inquiry with a panel of ten Syrian households. The study assessed the interactions between governance regimes regulating the rights to access and control genetic resources at international and national level, compared to the actual ability of the respondent women farmers to access and control the seed of varieties they co‐developed with the PPB programme. The paper argues that gender equal access to seed can “optimally” contribute to enhancing household food security in small scale farming. The paper also argues that to support a gender‐equal access to seed in the respondent households legislation needs to explicitly protect the rights of women farmers to access and share the benefits of genetic material and draw from empirical evidence of the actual access to and control of seed at ground level.     

Cattle-rangeland management practices and perceptions of pastoralists towards rangeland degradation in the Borana zone of southern Ethiopia

A survey was conducted in the Borana pastoral areas of southern Ethiopia to assess current livestock production systems, rangeland management practices and the perceptions of the pastoralists towards rangeland degradation. This information is considered vital to future pastoral development planning and interventions. Data were collected from a total of 20 villages that were identified from 5 peasant associations, namely Did Yabello, Moyatte, Did Harra, Dubuluk and Melbana. The average household size in the study area was 7.23. The majority of the pastoralists relied on both livestock and crop farming. The average livestock holding per household was 14 cattle, 10 goats, 6 sheep and 2 camels. Livestock holdings, with the exception of camels, has shown a declining trend over time. The two most important traditional rangeland management strategies adopted by the pastoralists included burning and mobility, but since 1974/75 burning has no longer been practised. With regard to mobility, the livestock herding falls in two categories, namely: home based and satellite herding. The former involves the herding of milking cows, calves and immature animals (<2 years) close to the encampments. The latter constitutes the herding of bulls and immatures (>2 years) further away from the encampments. Based on the pastoralists' perceptions, the major constraints on livestock production in descending order, were recurrent drought, feed and water scarcity, animal diseases, predators and communal land ownership. All the respondents considered the condition of the rangelands to have declined dramatically over time. In the past most development policies were based on equilibrium theories that opposed the communal use of the rangelands and traditional range management practices. The way in which the pastoral system affects the rangeland ecosystem functioning is contentious to this theory and the 'tragedy of the commons'. There was also a perceived problem of bush encroachment and the ban on traditional burning practices and recurrent droughts were seen as aggravating factors to this invasion process. The increasing practice of crop cultivation on the rangelands was identified as a serious threat to future livestock production and traditional resource management practices. Suggestions for possible interventions to improve the productivity and sustainable use of these rangelands are made.     

Toward sustainable livelihoods after war: Reconstituting rural land tenure systems

Land tenure plays a primary role in sustainable development efforts. However armed conflict and its repercussions reconfigure the network of social relations upon which all land tenure systems depend. In post‐conflict settings new laws have the opportunity to address tenure issues in the context of what people are already doing ‘on the ground’, with a view to moving from the fluidity of post‐conflict situations to a more solidified and peaceful social and legal environment. However there exists a lack of tools to analyze postwar land tenure and the prospects for reconstituting tenure systems to support recovery and development. This paper uses the Sustainable Livelihoods framework to examine postwar land tenure issues in order to draw out latent opportunities within emergent informal smallholder tenure constructs which may have utility in the reconstitution of national tenure systems.