Law and Sustainable Development

16 Pages Posted: 10 Mar 2015 Last revised: 13 Mar 2015

See all articles by M. Isabel Garrido Gómez

M. Isabel Garrido Gómez

University of Alcala; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: March 8, 2015

Abstract

In this work, I start from the new relationship between the public and private spheres. Legal rules undergo a conversion in anankastic rules and the legal order becomes a system which provides its own legitimacy on the basis of its intrinsically autopoietic nature. In addition, the initial concept of legal relations and their components are transformed into a technical-legal order under the influence of a new technical term.

It can be seen from the above statement that the system of sources for the law has changed and the protection of the sustainable development is new, giving predominance to agreements. The centre of gravity will have passed from the law, as a product of the will of the State, to contracts between private individuals (although those private individuals – or some of those private individuals – are the large multinational companies). This goes hand in hand with an increasing, and relative, loss of sovereignty by States as a derivation of the progress of supranational and transnational law. So, insofar as contracts constitute the typical form of legality regarding globalization in the sphere of sustainable development, law tends to be seen less as the product of a political will, and greater weight is given to a view of the law as a means to obtain certain ends, as a mechanism of social construction.

Keywords: Law, Sustainable development, Human rights, Society, Judges.

Suggested Citation

Garrido Gómez, M. Isabel, Law and Sustainable Development (March 8, 2015). OIDA International Journal of Sustainable Development, Vol. 08, No. 01, pp. 69-84, 2015, Available at SSRN: https://ssrn.com/abstract=2575390

M. Isabel Garrido Gómez (Contact Author)

University of Alcala ( email )

Libreros, 27
Facultad de Derecho
Alcala de Henares, Madrid 28801
Spain

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
118
Abstract Views
1,692
Rank
424,928
PlumX Metrics