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Legal analysis of the European Union sustainability criteria for biofuels

Pavlovskaia, Evgenia LU (2014) In Journal of sustainable development law and policy 3(1). p.4-21
Abstract
This paper provides a legal analysis and review of the European Union (EU) sustainability criteria for biofuels, presented in Directive 2009/28/EC. The paper discusses the EU sustainability criteria as a tool that could be efficiently utilized to operationalize and implement the concepts of sustainable development and sustainability in an industrial setting.



The results of the analysis highlight that to safeguard the sustainable

quality of biofuels and their production, the list of the EU sustainability criteria should be elaborated further. Other criteria that regulate various aspects of environmental, social and economic sustainability need be added. For example, there is a need for further elaboration of the... (More)
This paper provides a legal analysis and review of the European Union (EU) sustainability criteria for biofuels, presented in Directive 2009/28/EC. The paper discusses the EU sustainability criteria as a tool that could be efficiently utilized to operationalize and implement the concepts of sustainable development and sustainability in an industrial setting.



The results of the analysis highlight that to safeguard the sustainable

quality of biofuels and their production, the list of the EU sustainability criteria should be elaborated further. Other criteria that regulate various aspects of environmental, social and economic sustainability need be added. For example, there is a need for further elaboration of the sustainable agricultural practices and tolerable use of water resources. Furthermore, as long as the EU requirements to fulfill the sustainability criteria have global impacts, the perspective of the involved actors from other regions and countries

should be taken into account. Practical possibilities of the involved

actors, their costs for the implementation of the sustainability criteria and regional differences should also be considered.

More generally, the paper suggests that the list of sustainability criteria, incorporated in a legal framework, should neither be too long, nor too short. A long list is not easy to implement. For a short list, as illustrated by the EU, it could be difficult to guarantee sustainability. Consequently, to the extent possible, the legislated list of sustainability criteria should be complemented by non-binding

recommendations, explanations and guidelines. Furthermore, before making the suggested sustainability criteria legally binding, possible conflicts between different interests and contradictions with the already existing regulations from neighboring spheres of law should be investigated as a matter of necessity. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
biofuels, sustainability, sustainability criteria, Directive 2009/28/EC, environmental law, miljörätt, EU-rätt, EU law
in
Journal of sustainable development law and policy
volume
3
issue
1
pages
4 - 21
language
English
LU publication?
yes
id
8b417e5c-34dc-483b-85c4-d814725dbbd3 (old id 4732758)
alternative location
http://www.ogeesinstitute.edu.ng/index.php/ogees-journal/volume-3-issue-1-2014
date added to LUP
2014-11-03 16:35:34
date last changed
2016-04-16 10:55:18
@misc{8b417e5c-34dc-483b-85c4-d814725dbbd3,
  abstract     = {This paper provides a legal analysis and review of the European Union (EU) sustainability criteria for biofuels, presented in Directive 2009/28/EC. The paper discusses the EU sustainability criteria as a tool that could be efficiently utilized to operationalize and implement the concepts of sustainable development and sustainability in an industrial setting.<br/><br>
<br/><br>
The results of the analysis highlight that to safeguard the sustainable<br/><br>
quality of biofuels and their production, the list of the EU sustainability criteria should be elaborated further. Other criteria that regulate various aspects of environmental, social and economic sustainability need be added. For example, there is a need for further elaboration of the sustainable agricultural practices and tolerable use of water resources. Furthermore, as long as the EU requirements to fulfill the sustainability criteria have global impacts, the perspective of the involved actors from other regions and countries<br/><br>
should be taken into account. Practical possibilities of the involved<br/><br>
actors, their costs for the implementation of the sustainability criteria and regional differences should also be considered.<br/><br>
More generally, the paper suggests that the list of sustainability criteria, incorporated in a legal framework, should neither be too long, nor too short. A long list is not easy to implement. For a short list, as illustrated by the EU, it could be difficult to guarantee sustainability. Consequently, to the extent possible, the legislated list of sustainability criteria should be complemented by non-binding<br/><br>
recommendations, explanations and guidelines. Furthermore, before making the suggested sustainability criteria legally binding, possible conflicts between different interests and contradictions with the already existing regulations from neighboring spheres of law should be investigated as a matter of necessity.},
  author       = {Pavlovskaia, Evgenia},
  keyword      = {biofuels,sustainability,sustainability criteria,Directive 2009/28/EC,environmental law,miljörätt,EU-rätt,EU law},
  language     = {eng},
  number       = {1},
  pages        = {4--21},
  series       = {Journal of sustainable development law and policy},
  title        = {Legal analysis of the European Union sustainability criteria for biofuels},
  volume       = {3},
  year         = {2014},
}