A New Environmental Charter for the Future

2021 ◽  
Author(s):  
Yann Aguila ◽  
Lionel Chami
Keyword(s):  
Environmental Governance ◽  
International System ◽  
Environmental Law ◽  
Environmental Crisis ◽  
Basic Principles ◽  
Global Environmental ◽  
Technical Vision ◽  
The Future ◽  
Global Agreement ◽  
New System

The environmental crisis compels humanity to redefine its relationship with nature. This calls for the principles that would guide the new pathway to be outlined and enshrined into a global treaty. An environmental charter for the future would serve the purpose of a social contract and define the norms which would allow humanity to coexist with its natural environment. In this context, this article argues that faith in the international system could be restored by a global agreement on the basic principles which are to guide the new system for international environmental governance. It will thus first focus on (i) exposing the merits of principles in a legal system, (ii) tackling the purely technical vision that weakens both the creation and implementation of international environmental law and (iii) finally, it will make the case for a global environmental charter that would enshrine fundamental principles and rejuvenate the values that founded the international system.

A New Environmental Charter for the Future

2021 ◽  
pp. 1-9
Author(s):  
Yann Aguila ◽  
Lionel Chami
Keyword(s):  
Environmental Governance ◽  
International System ◽  
Environmental Law ◽  
Environmental Crisis ◽  
Basic Principles ◽  
International Environmental Governance ◽  
Global Environmental ◽  
Technical Vision ◽  
The Future ◽  
Global Agreement

The environmental crisis compels humanity to redefine its relationship with nature. This calls for the principles that would guide the new pathway to be outlined and enshrined into a global treaty. An environmental charter for the future would serve the purpose of a social contract and define the norms which would allow humanity to coexist with its natural environment. In this context, this chapter argues that faith in the international system could be restored by a global agreement on the basic principles which are to guide the new system for international environmental governance. It will thus first focus on (i) exposing the merits of principles in a legal system, (ii) tackling the purely technical vision that weakens both the creation and implementation of international environmental law and (iii) finally, it will make the case for a global environmental charter that would enshrine fundamental principles and rejuvenate the values that founded the international system.

UNGA as the Anchor: Global Environmental Conferencing

2021 ◽  
Author(s):  
Nele Matz-Lück ◽  
Liv Christiansen
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Institution Building ◽  
International Environmental Law ◽  
Agenda 2030 ◽  
United Nations General ◽  
Global Environmental ◽  
Rules And Principles ◽  
United Nations General Assembly

The global environmental conferences convened by the United Nations General Assembly (UNGA) during the last fifty years have contributed to the development of international environmental law and institution-building. Yet, given the deteriorating state of the global environment they are but one element of international environmental governance. While they were important to bring environmental issues to the attention of states, the time for agenda-setting seems over. Rather the international community must move on to the implementation of existing binding and non-binding rules and principles. While the UNGA continues to play an important role in the context of sustainable development and the Agenda 2030 process and is, indeed a stable platform for international cooperation on environmental issues, it seems that the time for comprehensive global environmental conferences may have come to an end, unless more innovative mechanisms for the implementation of international environmental law and policy are brought forward.

scholarly journals Mapping post-Brexit environmental law

ERA Forum ◽  
2020 ◽  
Vol 21 (4) ◽  
pp. 655-665
Author(s):  
Colin T. Reid
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Legal Recognition ◽  
The Future ◽  
Policy Objectives ◽  
The Uk ◽  
The Eu ◽  
Future Position ◽  
The Way

AbstractThe UK’s withdrawal from the EU will not bring about immediate changes to the substance of environmental law in the UK, but that law will become easier to change. The future position is complicated by devolution within the UK, where differing policy objectives on continuing alignment with the EU and weaknesses in the inter-governmental structures are causing problems. Environmental principles are being given legal recognition and new structures for environmental governance being created for each nation. These include environmental watchdogs that go some of the way to making up for the loss of the oversight provided by the EU institutions.

Public Participation in Global Environmental Governance and the Equator Principles: Potential and Pitfalls

2012 ◽  
Vol 13 (12) ◽  
pp. 1386-1411 ◽  
Author(s):  
Kirsten Mikadze
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Issues ◽  
Global Environment ◽  
Global Environmental Governance ◽  
International Environmental Law ◽  
Hard Law ◽  
Global Environmental ◽  
Equator Principles ◽  
Global Environmental Issues

Despite the increasing urgency of global environmental issues, international environmental law continues to struggle for relevancy and effectiveness. Even as legal efforts have intensified, the global environment has continued to deteriorate. In particular, state-centric, multilateral “hard law” instruments have proven an increasingly ineffectual means of regulating the global environment.

scholarly journals GLOBAL ISSUES OF ENVIRONMENTAL LAW ENFORCEMENT IMPACTS ON SUSTAINABLE DEVELOPMENT

2021 ◽  
Vol 5 (1) ◽  
pp. 56-62
Author(s):  
Sopian . ◽  
Sri Rahayu Pudjiastuti
Keyword(s):  
Sustainable Development ◽  
Law Enforcement ◽  
Deviant Behavior ◽  
Environmental Law ◽  
Environmental Crisis ◽  
Political Commitment ◽  
Real Form ◽  
Global Issues ◽  
Global Environmental ◽  
Research Show

The global environmental crisis is caused by wrong and failed policies, low political commitment, deviant behavior from state actors ranging from trans-national corporations, consumerism and individualism culture, which ultimately harms the environment. The purpose of this research is to analyze environmental law, the form and importance of law enforcement in realizing sustainable development. The method used in this paper is to use a normative juridical approach. The results of the research show that currently environmental law is still weak in overcoming various environmental problems that occur. The cause of not optimal environmental law is the lack of a firm and real form of law enforcement. Therefore, law enforcement must be enforced for the realization of sustainable development

UNGA as the Anchor: Global Environmental Conferencing

2021 ◽  
pp. 1-12
Author(s):  
Nele Matz-Lück ◽  
Liv Christiansen
Keyword(s):  
Environmental Governance ◽  
Environmental Law ◽  
International Treaties ◽  
Human Environment ◽  
Progressive Development ◽  
Existing Structures ◽  
Law And Policy ◽  
Global Environmental ◽  
The Status ◽  
Further Development

It has been nearly 50 years since the pioneering first global UN Conference on Human Environment was organized in Stockholm in 1972. After that, several global conferences took place over the last decades. Some of them have been praised for their contribution to shaping international environmental institutions and international treaties; others have passed almost unnoticed by the wider public. Yet, these global environmental conferences have cumulatively provided the foundations for the development of international environmental policies and the progressive development of law. In the light of ongoing environmental degradation in the ‘Anthropocene,’ the further development of environmental governance seems more important than ever. Hence, this chapter seeks to examine how this future pathway would look like as regards the technique of global environmental conferences have hitherto shaped the existing structures of international environmental governance. It surmises that the UNGA could be described as an anchor that merely maintains the status quo of international environmental law and policy.

Global Environmental Governance as Administration

2008 ◽  
Author(s):  
Benedict Kingsbury
Keyword(s):  
Global Governance ◽  
Environmental Governance ◽  
Environmental Law ◽  
Analytical Framework ◽  
Public Law ◽  
Normative Values ◽  
Trade Offs ◽  
Global Environmental ◽  
Network Administration ◽  
Shed Light

This article argues for the analysis of global and transnational environmental governance as administration to shed light on some important but neglected themes in international environmental law scholarship. First, it outlines several basic administrative concepts that call for analysis under such an approach (delegation, accountability, deliberation and reason giving, dynamic effects, general versus specific norms), then sets forth an analytical framework of five structures of administration in global governance, namely: distributed administration, international administration, inter-governmental network administration, hybrid administration, and private administration. Normative appraisal in administrative law is often conducted by reference to basic public law values, such as legality, proportionality, rationality, accuracy, effectiveness, efficiency, and respect for basic rights. Political theory inquiries into democracy and legitimacy in global governance may be given more applied purchase by distilling normative values and implicit trade offs, embodied in such legal-administrative components as transparency, notification, participation, reason giving, and review. Inflections in the design and operation of different administrative systems may have impacts on distributive outcomes, procedural fairness, and other elements of justice.

scholarly journals New tendencies in the development of environmental movements in the 21st century

Napredak ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 97-114
Author(s):  
Darko Nadić
Keyword(s):  
21St Century ◽  
Social Transformation ◽  
Common Good ◽  
Ad Hoc ◽  
Environmental Crisis ◽  
Environmental Movements ◽  
Global Environmental ◽  
The Future ◽  
The Subject ◽  
The Common

Environmental movements are continuing to demonstrate their relevance and innovative tendencies in the 21st century. Environmental problems are as yet unresolved in this century, the global environmental crisis exists, but the policies of green parties, which arose from environmental movements, have not yielded adequate results. The paper presents the origins of environmental movements as well as their separation from new social movements. In the context of this separation, the paper explores the stages of development of environmental movements from their inception to the present day and compares the activities of these movements, from protest to pacification and marginalization, through "corporate" eco-movements, to the creation of so-called communal eco communities which could figure as environmental movements in the future. Based on the development of environmental movements so far, their future in this century is considered, as well as new tendencies and trends. In this sense, the subject of analysis are movements such as the "Economy for the Common Good", which aims at not only environmental but also complete social transformation, and current and ad hoc movements such as "Extinction Rebellion" and "Fridays for Future". Special emphasis is placed on offshoots, such as "influencer ecologism", "celebrity ecologism" and "tabloid ecologism", that are presented as initiatives that could possibly create environmental movements in the future.

scholarly journals Una Lectura Prospectiva De La Agenda Rio+20: La Emergencia De La Gobernanza Para El Desarrollo Sostenible

Xihmai ◽  
2013 ◽  
Vol 8 (15) ◽  
Author(s):  
Miguel Moreno Plata
Keyword(s):  
Sustainable Development ◽  
Environmental Governance ◽  
Scientific Literature ◽  
International System ◽  
Governance System ◽  
Development Environment ◽  
Development Agenda ◽  
El Sistema ◽  
The Subject ◽  
New System

Resumen   El propósito fundamental de este trabajo consiste en la revisión y aportación de algunas evidencias para probar la hipótesis acerca de un cambio fundamental en el sistema ambiental internacional: la transición de la gobernanza ambiental y el comienzo de la configuración de un nuevo sistema de gobernanza para la sostenibilidad. La metodologí­a utilizada en esta investigación es de corte cualitativo, partiendo de la revisión de la literatura cientí­fica especializada en la materia. Los principales resultados  apuntan hacia la emergencia de un nuevo sistema de gobernanza global sustentado en la multiplicidad de escalas institucionales de la agenda del desarrollo sostenible. Fecha de culminación del trabajo: septiembre de 2012.   Palabras claves: gobernanza, desarrollo sostenible, medio ambiente, sistema internacional, polí­ticas públicas.   Abstract The fundamental purpose of this paper is to review and contribution of some evidence to test hypothesis about a fundamental change in the international environmental system: the transition of environmental governance and the beginning of the configuration of a new system of governance for the sustainability. The methodology used in this research is a qualitative, based on the review of the scientific literature on the subject. The principal results point to the emergence of a new global governance system sustained by multi-institutional levels of sustainable development agenda. Date of completion of work: September 2012.   Keywords: governance, sustainable development, environment, international system, public policies.

scholarly journals Economics and environment: An impossible reconciliation?

2019 ◽  
Vol 8 (3) ◽  
pp. 242
Author(s):  
Alberto Díaz de Junguitu ◽  
Iñaki Heras Saizarbitoria ◽  
Olivier Boiral
Keyword(s):  
Environmental Crisis ◽  
Economic Science ◽  
Global Environmental ◽  
The Future ◽  
Climate Action ◽  
The Media ◽  
The One ◽  
Student Mobilization ◽  
The Relationship ◽  
Recurrent Theme

It should be noted that the relationship between economics and the environment has never previously featured as one of mankind’s primary or principal concerns. It presently does. The recent worldwide student mobilization for climate action, the Climate Change Congress in Paris (December 2015) or the dieselgate related to the scandals involving companies in the automobile sector not complying with regulatory environmental norms (which started also in 2015), among many other issues, provide evidence that this relationship is presently of central concern to questions regarding the future of mankind. Nevertheless, we should remind ourselves of the fact that, despite being a recurrent theme in the media, the environment continued to be a treated by economists as a subsidiary issue until, in relatively recent times, the effects of the global environmental crisis grew to proportions that meant it became of serious concern to the future of mankind. The aim of this paper is to trace the historical relationship between the environment and economics. In fact, the focus is more modest: we aim to illustrate the principal traces of the presence of the environment in economic science in an attempt to exhibit a path which might lead to the reconciliation of the one (the environment) with the other (economics).

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