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3 J. Sustainable Dev. L. & Pol'y 4 (2014)

handle is hein.journals/jsusdvlp3 and id is 1 raw text is: 4 AFE BABALOLA UNIVERSITY: JOURNAL OF SUSTAINABLE DEVELOPMENT LAW AND POLICY (2014) 3:1 LEGAL ANALYSIS OF THE EUROPEAN UNION SUSTAINABILITY CRITERIA FOR BIOFUELS Evgenia Pavlovskaia* 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 effi- ciently 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 add- ed. 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 coun- tries 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. Keywords: Sustainability, Sustainability criteria, Biofuels, Directive 2009/28/EC. Evgenia Pavlovskaia, Ph.D. Candidate, Faculty of Law, Lund University, Sweden, evgenia. pavlovskaia@jur.lu.se. I would like to thank the Law Faculty at Lund University, Sweden, and Vilhelm Persson, its Head, for providing extremely convenient research conditions. I would also like to express my deep gratitude to Annika Nilsson, Karin Ericsson and Bengt Lundell, my research supervisors, and Carl Dalhammar, my critical opponent, for their guidance and useful commentaries on the present research work. My special thanks are extended to the Elsa Eschelsson's Funding for its financial support.

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