How green are our laws? Presenting a normative coherence for sustainable development methodology

Abstract

Policy coherence for sustainable development (PCSD) has become a pillar of supranational sustainable development agendas, promoting “whole of government approaches.” The concept of normative coherence for sustainable development (NCSD) has emerged as a new stage of policy coherence for sustainable development analysis. NCSD is a policy approach that aims to promote transformative development by examining the relationship between policies and key sustainability norms, such as those expressed in the sustainable development goals. Normative coherence for sustainable development is recognized in recent scholarship but it remains generalized, lacking operationalization. This article proposes an NCSD methodology for analysis of legal frameworks. Qualitative empirical research tested this approach in Mexico by focusing on federal laws as well as those in two states: Aguascalientes and Veracruz. The analysis which examined four dimensions of sustainable development (economic, social, security, and environmental) showed that the environmental dimension of Mexico's legal framework is the least prioritized, suggesting that this framework is not very “green” even though environmental laws are the most transversal in content, which indicate significant levels of mainstreaming. Sustainable development experts were then contacted by the research team to validate the findings and interpret the results. This normative coherence for sustainable development methodology aims to situate normative considerations at the center of evaluation in order to promote domestic transformative sustainable development strategies and the “greening” of legal frameworks.