1. The social justice problem in sustainability laws Paul Martin. Director, Australian Centre for Agriculture and Law, University of New England Paul.martin@une.edu.au

2. Different strategies, different impacts Markets privilege the rich and enabled Regulation privileges the powerful and enabled Voluntarism works on the well intentioned and enabled. The 2 counter cases are weak –The Coasian Social Optimal –Simon’s technology salvation

3. Strategies for an anti- Darwinian outcome Avoid conservation? Temporary Avoid the market? Inefficient Sui generis arrangements? Include grand-fathering for the weak Compensate the weak? Initial distribution (given Coasian ideal) Reality: Aiming at optimisation of an inherently sub-optimal challenge

4. Current process: Social Justice void Social Economic Voting Justice Wealth Votes Nature State regulation Private regulation Self regulation Tradeable rights Access control Information Subsidy / incentive Taxes/ pricing Stakeholder consultation/ evaluation Static cost/benefit evaluation Dynamic cost/benefit evaluation State Regulatory process Regulatory risk evaluation Transaction cost evaluation Agency resourcing / fiscal planning Social/ market systems evaluation Distributional effect evaluation Social / marketing strategy Legal drafting Political endorsement Formal impact assessment Institutional capacity evaluation Legal technical assessment

5. Potential pathways Broaden regulatory impact assessment Social impact / distributional equity assessment, within efficiency evaluation. Reliable measurements of source and degree of potential impact (modelling) Social risk assessment - hazard, likelihood, incidence and amelioration method. A community of legal policy practice Scientifically develop interventions to ameliorate inequities.

6. They said it better than me.. For every complex problem, there is a solution that is simple, neat, and wrong. Henry Louis Mencken Insanity: doing the same thing over and over again and expecting different results. Albert Einstein.