Legislation regulates the way we utilize natural resources, avoid pollution and harmful substances, manage waste and protect ecosystems and human rights. Supporting sustainability through the use of proactive legislation is nothing new. Rather than being a constraint to businesses and individuals, proactive legislation can eliminate competitive disadvantages and thus be an instrument paving the way to a successful and sustainable future (Berger-Walliser et al., 2016). In many cases, however, legislation is enacted as a last resort. In Germany, a new law on packaging makes it mandatory for the gastronomy sector to provide reusable containers as an alternative to single-use items from 2023 onwards. This is, arguably, a long overdue legislation based on a EU Directive. In a recent representative survey conducted by the German Packaging Institute (DVI) and World Wide Fund For Nature (WWF), 85% of respondents are in favor of introducing a deposit refund system for reusable containers. And while citizens around the globe view climate change as a major threat, the most recent report from the UNFCC warns that climate action plans put forward by nations ahead of COP26 are nowhere close to meeting the goals set in the Paris Agreement. Looking at legislative initiatives in your country, where do you see room for improvement? In which area under the sustainability umbrella do you see the need for more (or less) regulations? Can you share some best (or worst) practices?

Berger-Walliser, G., Shrivastava, P. & Sulkowski, A. (2016). Using Proactive Legal Strategies for Corporate Environmental Sustainability, Michigan Journal of Environmental & Administrative Law, 6(1), 1-27.

Sarah Habsburg-Lothringen
Sarah Habsburg-Lothringen
Responsible Hospitality | Marketing & Training | sarahhabsburg.com

As ever, my opinion is grounded in the perspective of small, independent accommodation owners and managers. So much time is spent promoting the beauty of their location that there is a huge incentive to take better care of it.

It is of course much easier to successfully implement sustainable organisational changes when there is a national agenda, a directive or specific legislation to drive results-based actions, but this has, to date, been painfully slow. 

Many small independent hotels, lodges, b&bs and hostels understand the why and have the desire for change. They implement internal operational changes that are filled with wonderful initiatives to make their businesses more environmentally and community friendly. Often those changes are not spoken about or measured or even used in marketing messages because they are driven purely by a desire to create a better place to live in, that in turn (and by default) creates a better destination for travellers to visit.

An example of this was a community-driven initiative in Pucón, Chile. Accommodation owners succeeded in pushing local government to pass a decree prohibiting the use of plastic bags. This was then implemented in a three-stage process in 2013. The national law that prohibits the use of plastic bags in commercial businesses was not promulgated until 2018. If Pucón had waited, millions more plastic bags would have littered the national parks and the pristine lakes that attract thousands of tourists a year.

We need and value the legislation, but as you can see from my case study, immediate action can be taken with insight and collaboration. 

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