Sustainable Development and Law

Abstract

The principle of sustainable development has become a central idea of environmental law. The idea has been around in legal discussion and political declarations for some time. Now, the principle has been legally stipulated. This leads to serious consequences for the legal frame-work in which both mineral and energy industries operate. The concept of sustainable development has been incorporated into political declarations, first of all, into the Brundtland report from 1987, later into the Rio Declaration on Environment and Development and into Agenda 21 from 1992. According to these documents the needs of future generations must be safeguarded. Furthermore, ecological, economic and social interests must be reconciled. Significantly, the principle could demand from mineral and energy industries to limit the extraction of non-renewable resources. This could imply new restrictions for the mining and energy industries. But a restriction of the exploitation of non-renewable resources according to "the second rule of management" violates the necessary harmonization between the needs of the future and the present generations.