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.

Trevor Girard
Trevor Girard
Director of Standards, Hotel Resilient

Need for sustainable legislation

Legislation controls where and how hotels are constructed, from land-use plans to manage urban growth to building codes to ensure safety. But little legislation exists to control how hotels might impact their environment, particularly during their operation. Sweeping sustainable legislation is likely needed to address environmental issues related to the tourism industry, from eliminating single-use plastics and reducing water consumption and GHG emissions, to reversing coastal erosion and deforestation.

Abandon the reactive approach

Legislation in general can be reactive, and there are cases of reactive sustainable legislation, such as Sri Lanka banning construction near coastlines after the 2004 Tsunami, or Bangladesh and Mumbai banning plastic bags after they clogged drains, leading to increased and devastating flooding. But cases of sustainable legislation being implemented as the result of major events are rare due to the fact that the impacts of climate change and environmental degradation are incremental rather than abrupt. The push therefore needs to be on a proactive approach.

Use (and improve) risk assessments to inform sustainable legislation

Just as land-use plans are based on risk assessments, proactive sustainable legislation requires the identification of risk factors that consider the impacts of human activity on the environment and the impacts of climate change. On a positive note, climate change data has advanced to a point where climate risk models are now informing government policy, resulting in climate change adaptation through land use planning. More is needed however to incorporate the impacts of human activity on the environment in risk assessments at the local level (e.g. tourist destinations) in a quantifiable way that policy makers can no longer ignore. 

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