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.

Maurice Bergin
Maurice Bergin
Managing Director at GreenHospitality.ie

One word encapsulates the underlying challenge facing our planet when we talk about Climate Change. It was included in the summary of Roland Geyer's argument…. "we must ban fossil fuels to save our planet". The summary continued with.. "arguing that it has been shown in the past that bans are the way to go forward if we hope to achieve change". The key word …hope. Hope delivers nothing and unfortunately it is a word used all too often when we talk about our future and what actions are required to avoid the worst impacts of Climate Change.

The reality is that our politicians will fail to legislate sufficiently to mandate effective carbon reductions or set legally binding targets – these would impact their constituents and/or their financial backers. They are weak and generally ineffective with a limited timescale, with many nations' deniers. I firmly believe most harbour a belief (hope) that there will be some great scientific breakthrough along the carbon capture or fission technology routes which will result in a global decarbonisation, over time.

The problem is the “over time” scenario. 

In the short term we can see grave injustices across the world happening before our eyes, with limited responses, and the developed economies (and I include China here) also know that the worst impacts of climate change will negatively affect the developing and poorest economies first. The result of this is the “head in the sand” approach – Developed economies will adapt, because we can afford too, whilst millions will die elsewhere. It is not until a developed economy suffers a number of major catastrophes before actual quantifiable action will be taken, and then it may well be too late to effect sufficient change to avoid a 3C increase.

We have shown our ability to confront and address a global challenge – COVID-19 – but only when people, in developed economies, start dying on our streets. We do not appear capable of applying the same approach to Climate Change. A dystopian view perhaps, but business leaders planning forward must look at the probable outcomes. The short-medium term legislative actions in my view will be – Carbon Tax increases on fossil fuels and stronger energy efficiency regulations – not enough to deliver the impact required but enough to allow politicians to claim action.

Tourism businesses worldwide should be applying risk analysis already to identify how they will maintain their profitability as conditions change – both financially and climatically. We will all adopt single use plastic programmes, net zero targets, water conservation actions, suffer carbon taxes on aviation fuel, reduce food waste, buy more locally and adopt and implement socially sustainable community programmes and will become better businesses but we must also become fully aware how our business conditions will change and have plans in place to enable us to adapt.

Every tourism business should be looking forward in 5-year segments to assess how the local environment will change and what impact that will have on their business and take actions that will enable them to sustain their business levels.

At the same time every tourism business must carry out a rigorous analysis of their environmental impact and minimise it, as we are at the forefront of a worldwide “woke” environmental marketplace and if you are seen to be a polluter you will suffer.

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