COMPENDIUM OF LEGAL BEST PRACTICES
Green transport is defined as “one that supports environmental sustainability through e.g. the protection of the global climate, ecosystems, public health and natural resources.”315 According to the OECD, sustainable transport cannot exceed international standards of output in the environment, and it should not create more ecological problems than there already are.316
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The UNEP Green Economy Report indicates that several aspects of transport policy need to be addressed to make the whole sector more sustainable. Transport accounts for more than 80 percent of developing countries’ air pollution, is the cause of traffic accidents, and affects people’s lives by decreasing their productivity levels.317 The growing demand for cars and individual transport has created problems ranging from air pollution and traffic noise to accidents.318 If current trends continue, vehicles roaming the streets will increase to an impressive 2 to 3 billion by 2050. These issues are particularly acute in emerging economies, where the rate of development is leading to an increase in individual transport use.319
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Laws and policies that are effective in terms of the transition to a green transport sector could be categorized, as Green and Wegener have done, as relating to transport technology, transport supply and transport demand. Policies that relate to transport technology are useful to counter the polluting effect of some transport methods. For instance, hydrogen-powered fuel cell vehicles are considered to be a breakthrough in sustainable transport. Policies that, on the other hand, relate to transport supply will usually focus more on the creation of new or alternative sustainable transport routes, in order to reduce the use of motor vehicles. Finally, policies that relate to transport demand aim at reducing the need for transportation by diminishing the physical space that needs to be traveled.320 Following are some initiatives that policymakers could consider in order to prepare for a sustainable transport system:
315 UNEP, Towards a Green Economy: Pathways to Sustainable Development and Poverty Eradication, (2011) www.unep.org/greeneconomy, 380 316 Organization for Economic Cooperation and Development, Environmental criteria for sustainable transport: Report on Phase 1 of the Project on Environmentally Sustainable Transport (EST), (1996) 317 Towards a Green Economy (n 315) 404 318 David L. Greene and Michael Wegener, “Sustainable Transport”, Journal of Transport Geography 5, (1997) pp. 177-190 319 Towards a Green Economy (n 315) 378 320 David L. Greene and Michael Wegener, “Sustainable Transport”, Journal of Transport Geography 5, (1997) pp. 177-190
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Domestic governments can set time and place restrictions on vehicle use, parking policies and land-use policies. National governments can draft policies regarding taxation on transportation, regulation of vehicle emissions, urban planning to minimize the need for vehicle transportation, investment in public transport.321 In order to decrease congestion and the negative impact it has on the environment and on society, governments at all levels can implement policies in order to levy fees on individual car users.322 These policies would discourage the use of private transportation and encourage more sustainable modes of transport, such as walking or public transportation. States can emphasize the importance of sustainable transport when it comes to employment creation and employment opportunity:323 individuals would be more likely to support sustainable transport if they realized that new sources of income would be available to them. Governments should enforce more Win-Win Transportation Solutions (WWTS). These are defined as “market reforms that help solve transportation problems by removing distortions, increasing consumer options, and encouraging more efficient travel behavior”. A good example of a WWTS is the Pay-As-You-Drive Insurance, which would provide an incentive for drivers to use their vehicle less since their insurance prime would increase.324
321 Barbara C. Richardson, “Sustainable Transport: Analysis Framework”, Journal of Transport Geography 13 (2005), pp. 29–39 322 Eva Kassens, “Planning for Sustainable Transportation: An International Perspective”, http://web.mit.edu/dusp/dusp_extension_unsec/ projections/issue_9/issue_9_kassens.pdf, accessed 20 November 2011 323 Ibid 324 Victoria Transport Policy Institute, “Win-Win Transportation Solutions: Cost-Effective, Market-Based Strategies To Encourage Efficient Transport”, TDM Encyclopedia, < http://www.vtpi.org/tdm/tdm52.htm>, accessed 20 November 2011.
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