Legislation regulates the way we utilize natural resources, avoid pollution and harmful substances, manage waste and protect ecosystems and human rights. Supporting sustainability through the use of proactive legislation is nothing new. Rather than being a constraint to businesses and individuals, proactive legislation can eliminate competitive disadvantages and thus be an instrument paving the way to a successful and sustainable future (Berger-Walliser et al., 2016). In many cases, however, legislation is enacted as a last resort. In Germany, a new law on packaging makes it mandatory for the gastronomy sector to provide reusable containers as an alternative to single-use items from 2023 onwards. This is, arguably, a long overdue legislation based on a EU Directive. In a recent representative survey conducted by the German Packaging Institute (DVI) and World Wide Fund For Nature (WWF), 85% of respondents are in favor of introducing a deposit refund system for reusable containers. And while citizens around the globe view climate change as a major threat, the most recent report from the UNFCC warns that climate action plans put forward by nations ahead of COP26 are nowhere close to meeting the goals set in the Paris Agreement. Looking at legislative initiatives in your country, where do you see room for improvement? In which area under the sustainability umbrella do you see the need for more (or less) regulations? Can you share some best (or worst) practices?

Berger-Walliser, G., Shrivastava, P. & Sulkowski, A. (2016). Using Proactive Legal Strategies for Corporate Environmental Sustainability, Michigan Journal of Environmental & Administrative Law, 6(1), 1-27.

Simon Martin
Simon Martin
Director of Operations at Fairmont Château Montebello, Canada

The question raised here really comes in good timing. To start, all sorts of decisions have been taken by (all sorts of) political entities and governments in the last 12 months, with more often than not a lack of mid-term and long-term consideration. It proves, if need be, that the vision is lacking and that the sustainability of our societies is not necessarily the first priority of law-makers.

To follow, the recent ITB Now was also a display of the complexity of the issue and the difficulty that all stakeholders have in formulating a clear message. We have heard governing bodies and agencies, trade associations and private sector attempting to answer questions (when not avoiding them) on a series of matter linked to sustainability of the sector. Few have mentioned about legislation.

Contrary, many have talked about their recent efforts and the many more to come… I have the impression that opinions or capability did not grow enough as we could hear similar things 10 years ago.

It might not be a matter of willingness, as individually, it is certain that the actors of the industry know the issue and the urgency to act.

I understand it is more a systemic problem. The industry weights billions even with the impact of Covid. The capital and yearly revenues at stakes are too high to favour some concrete and rapid actions.

Hence, in my opinion, regulating tourism, imposing laws or updating existing ones that would restrict the wilder developments, brings rules and obligations that favour best practices and simply banning the most harmful operations and activities. All of it with one focus: social and ecological impact that are reasonable enough to bring positive outcome to our environments.

An interesting article on the matter : Environmental law and tourism - an unbreakable bond https://www.filodiritto.com/environmental-law-and-tourism-unbreakable-bond 

Lastly, one commonly accepted principle is polluter = payer… It seems outdated : what is needed now is less pollution. Simply because some pollutions does not cost much financially compare to their hard cash benefits. Hence damaging our environment simply becomes a ROI calculation…

Some ideas which other nations/organisations could get inspired from to incentivize (or make compulsory) :

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