Connections and Tensions Between Nationalist and Sustainability Discourses in the Scottish Legislative Process
| Date | 01 June 2016 |
| DOI | http://doi.org/10.1111/j.1467-6478.2016.00750.x |
| Published date | 01 June 2016 |
JOURNAL OF LAW AND SOCIETY
VOLUME 43, NUMBER 2, JUNE 2016
ISSN: 0263-323X, pp. 228±56
Connections and Tensions Between Nationalist and
Sustainability Discourses in the Scottish Legislative Process
Andrea Ross* and Rhys Jones**
This article illustrates how sustainability and nationalist discourses
have operated together in practice in Scotland. Potential connections
and tensions between nationalist and sustainability discourses are
identified and used to analyse the events leading up to the passage of
the Climate Change (Scotland) Act 2009 and the Regulatory Reform
(Scotland) Act 2014. The analysis reveals how in certain contexts, the
tensions and connections between sustainability and nationalist dis-
courses can align to reinforce transformative initiatives while in other
contexts, the tensions can lead to initiatives being watered down or set
aside. The article concludes that more could be done to emphasize the
connections between the two discourses. Engagement at the level of
`nation' can lead to sustainability discourses that are more attuned
to nationalist values, increased public understanding, and acceptance
of sustainable development, as well as additional opportunities for
debate, public participation, and education.
228
*Dundee Law School, University of Dundee, Dundee DD1 4HN, Scotland
a.p.ross@dundee.ac.uk
** Department of Geography and Earth Sciences, University of Aberystwyth,
Aberystwyth SY23 3DB, Wales
raj@aber.ac.uk
This article is part of a wider project funded by the AHRC that examines the productive
connections and tensions between nationalist discourses and discourses of sustainability
in Scotland and in Wales. The authors are grateful to Alan Page, Colin Reid, and the
anonymous referees for their helpful comments on earlier drafts of this article. Any errors
are the authors' own responsibility.
ß2016 The Authors. Journal of Law and Society published by John Wiley & Sons Ltd on behalf of Cardiff University Law School.
This is an open access article under the terms of the Creative Commons Attribution License, which premits use, distribution and
reproduction in any medium, provided the original work is properly cited.
INTRODUCTION
The rise of the Scottish National Party, the massive turnout for the Scottish
referendum on independence,
1
and successful events such as the Glasgow
Commonwealth Games are indicative of a growing sense of nationalism
within Scotland. One consequence of this heightened nationalism has been to
raise discourses about Scottishness beyond sentiment and rhetoric to being
something potentially transformative. During the same period, the inter-
national community, states, regions, businesses, and individuals have all
struggled to move beyond the rhetoric of sustainable development to
promote the transformational changes needed to effectively tackle modern
problems such as climate change, poverty, biodiversity loss, increasing
consumption, and limited resources.
This article illustrates how sustainability and nationalist discourses have
operated together in practice in Scotland.
2
More specifically, it shows how in
certain contexts, the tensions and connections between sustainability and
nationalist discourses can align to reinforce transformative initiatives while in
other contexts, the tensions between the two can lead to initiatives being
watered down or set aside. It is hoped that this type of work will improve
understanding of how sustainable development practices in certain places is
informed by the particularities of those places. More radically, by developing
a better understanding of the connections and tensions between discourses of
nationalism and sustainable development, more effective and transformative
interpretations of sustainable development may be promoted.
This research is primarily based on a thorough review of the relevant
legislation, policy, and academic and other commentary in press and online.
It also draws on previous research in law, politics, and geography on
sustainability, nation, identity, and multi-level governance. Semi-structured
interviews with key actors were used to close any gaps, better understand
context, and check certain findings. The article begins with a short history of
sustainable development and suggests certain key features as essential for
moving sustainability discourses away from `business as usual' to more
transformative action. Previous research into sub-state efforts in promoting
transformational sustainable development is examined and a possible role for
`nationalist discourses' highlighted. Potential connections and tensions
between nationalist and sustainability discourses are then identified. These
are used to analyse the events leading up to the passage of the Climate
Change (Scotland) Act 2009 and the Regulatory Reform (Scotland) Act
2014. The article concludes that while there is no guarantee that nationalist
discourses will promote transformative visions of sustainability, more could
229
1 On 18 September 2014 Scots were asked whether they thought Scotland should be
an independent country. Over 85 per cent of those eligible voted and while most
voted to stay in the United Kingdom, 45 per cent voted in favour of independence.
2 The specific terminology used in this article is set out in section 2.
ß2016 The Authors. Journal of Law and Society ß2016 Cardiff University Law School
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