Sustainability is a complex and urgent topic that can be approached from various academic disciplines. Leonie Reins, Professor of Public Law and Sustainability, Margreet Luth-Morgan, Assistant Professor of Theory and Methodology, and Liesbeth Enneking, Professor of Corporate Responsibility and Sustainability, share their perspectives on the role of companies, technology, and ethics within the context of the broad and timely subject of sustainability.
According to Enneking, sustainable business practices are not just about ‘do good’ but also about ‘do no harm.’ She emphasises: “Companies like to talk about their positive contributions to, for instance, the Sustainable Development Goals. But that is only one side of the coin. On the other side, they are expected to take responsibility for — and be accountable for — the negative impacts they may have.” This means that companies must, first and foremost, prevent having a negative impact on people, the environment, and the climate, whether through their own activities or via their subsidiaries and supply chain partners. She highlights the interconnectedness of both aspects with the example of green energy: “Wind turbines are a positive development in the context of the climate transition, but the extraction of the minerals needed for their production often involves human rights violations in the supply chain.”
Technology as a paradox
solutions to climate change and exacerbate the climate crisis. “Technology is essential for achieving these goals, but it brings a paradox”, Reins says. A major problem is that technology evolves quickly while the legal system evolves slowly. Reins explains: “We need a regulatory system that can theoretically and practically accommodate new technologies. The current system will not allow us to meet our goals, nor does it account for rapid technological developments.”
Thinking more broadly
Luth-Morgan emphasises the importance of critical reflection on the role of legal professionals in society. “If we only teach the boundaries of the law and teach our students to adhere strictly to them, we risk advising companies to operate just within those boundaries. That is not enough”, says Luth-Morgan. “They also need to think about what sustainable policy looks like and how the world will look in ten years. They need to think beyond the current positive law”, she adds. The ethical aspects of her field often focus on individual rights, but Luth-Morgan advocates for broader thinking about the impact on the planet, the economy, and justice: “It is up to us, as teachers, to give students the tools to answer these broader questions.”
Adaptive legislation
Reins argues that developing legislation for every future technological development is not feasible because it takes far too long. “We need future-proof and adaptive legislation.” She adds, “The regulatory system itself needs to change to be future-proof.”
This ties into the question of how to make the law future-proof, says Enneking. “Since XNUMX, it has been clear what society expects from companies regarding responsible business practices. A comprehensive normative framework has been set out in various international instruments, but these are soft law and do not directly impose obligations on companies”, she explains. Central to this is the societal expectation that companies implement due diligence procedures related to human rights and the environment. This means identifying risks to people, the environment, and the climate in their business activities and taking action to prevent or mitigate them.
Over the past decade, this societal expectation has evolved into hard law through various legal pathways, creating binding and enforceable obligations for companies. “For example, legislation has been introduced requiring due diligence for large corporations, such as the recently adopted Corporate Sustainability Due Diligence Directive”, Enneking says. “Such legislation forces lagging companies to comply, but it can also limit the momentum of frontrunners. While many believe this legislation is the endpoint, a final piece, I see it as the beginning of further legal developments on this subject.”
"Only teaching the boundaries of the law is not enough." - Margreet Luth-Morgan
Changing views on responsibility
Luth-Morgan notes that companies are now considered part of society, with responsibilities towards their societal and geographical contexts. “Whereas it was once accepted that a company’s sole purpose was to make a profit, we now recognise that companies are part of society and thus have social responsibilities. These changing views on corporate responsibilities are reflected in discussions about sustainability and law.”"
Enneking stresses the urgency of the sustainability transition and calls for action from all of us in our various roles: teachers, researchers, parents, employees, consumers, participants in pension funds, voters, etc. “If we really want to make progress, we must act at all levels.” She shares personal examples of her own sustainability initiatives, such as greening her children’s schoolyard. “I no longer eat meat, I do not fly, and I sit on a scientific committee that critically monitors the sustainability policies of ABP”, she says.
“For me, the sustainability transition means ‘never standing still'”, says Reins. She expresses concern about meeting the 2050 goals and the societal costs of it. “Sustainability is an emotionally charged subject with issues like energy poverty.”
Providing guidance
“Due to COVID-19 and societal developments like the rise of social media (echo chambers, social bubbles), I notice that students find it increasingly difficult to engage in critical discussions and respectfully disagree”, Luth-Morgan observes. Universities need to guide students and teach them how to substantiate their opinions. “Critical reflection and well-reasoned choices are becoming increasingly crucial in a world full of conflicting information. With ethical theories, I give them the tools.”
Role of the legal professional
Enneking, Luth-Morgan and Reins: "We were specifically asked to provide advice from Denktank Duurzaamheid on integrating sustainability into the curriculum. It is important to educate a generation of legal professionals who are ready for the future and can deal with sustainability dilemmas. We believe this can only be done if students learn about critical reflection and argumentation and gain a clear picture of the lawyer's role in society and their position within it." Enneking continues: "Many researchers and lecturers are already working on this. All three of us believe that this should be reflected in the mission and vision of our School." Reins concludes: "Collaboration and connection are essential to promote the sustainability transition and to ensure a sustainable future."
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