Sustainable development in Malta : the concept and its application from a legal perspective

Abstract

For centuries man has used his surroundings to benefit his own needs due to an unfounded belief that it was his given right to do so. As resources were used up in an unregulated and unsustainable manner, concern over whether these would suffice for present and future generations became an important issue for the international community. This gave rise to shift in perspective, rather than ownership of the environment it was deemed that the present generation holds the Earth as a trust towards future generations. While it is true that numerous conventions have enshrined the protection of future generations in their texts, internationally it is still perceived as a moral obligation rather than legal one. Thus the issue as to whether those yet to be born have identifiable rights is a much debated topic. This has repercussions on the whole concept of sustainable development and the entire International and local commitment relating to It. Malta has always been in the forefront in the international field in the area of environmental law, most notably the Common Concern and Common Heritage of Mankind proposals. Sustainable development is no exception, being an active participant in the numerous sustainable development conventions and the various laws relating to sustainable development, at international, European Union and national level. Malta has also proposed 'Trusteeship for Future Generations' which although not implemented shows the clear commitment towards an integral part of sustainable development. Through the assessing of these conventions and most importantly the rare and important cases dealing with sustainable development such as the Gabcikovo- Nagymaros case, it is clear that sustainable development is not a mere concept but a principle of international law gaining momentum in the international sphere.