In Search of Global Law: The Significance of the Earth Charter

2004 ◽  
Vol 8 (1) ◽  
pp. 62-75 ◽  
Author(s):  
Klaus Bosselmann
Keyword(s):  
Environmental Law ◽  
Legal Framework ◽  
International Environmental Law ◽  
Legal Traditions ◽  
The Earth ◽  
Ecological Principles ◽  
Earth Charter ◽  
Ecologically Sustainable ◽  
Global Law ◽  
Ecologically Sustainable Development

AbstractWestern legal traditions are anthropocentric in character and largely hostile to ecological principles. However, domestic and international environmental law show signs of an ecocentric orientation. In the search for a legal framework for ecologically sustainable development the Earth Charter marks an important step forward. Among its ground-breaking principles are ecologically defined concepts of sustainability, justice and rights.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

Regulation of Nanomaterials in the EU: Proposed Measures to Fill in the Gap

2014 ◽  
Vol 5 (2) ◽  
pp. 228-235 ◽  
Author(s):  
David Azoulay ◽  
Vito Buonsante
Keyword(s):  
European Union ◽  
Environmental Law ◽  
The European Union ◽  
International Environmental Law ◽  
Eu Legislation ◽  
Hazard Risk ◽  
The Earth ◽  
The Eu

This report discusses a proposal fromthe Center for International Environmental Law(CIEL), ClientEarth and Friends of the Earth Germany (Bund) on the regulation of nanomaterials in the European Union. It discusses in particular, the proposal for a horizontal regulation on nanomaterials (also referred to as a nano-patch for existing legislation) that would fill in the regulatory gap on nanomaterials. The proposal goes beyond a review of the REACH text and encompasses all EU legislation relevant to nanomaterials. The proposed instrument would amend the REACH text with delimitation in scope to all areas relevant to nanomaterials (on the model of Regulation 1272/2008 on the classification, labelling and packaging of chemicals). The main aim of the regulation is to ensure that hazard, risk and exposure assessments for all forms and uses of such materials are adequately carried out and taken into consideration.

Australia

2019 ◽  
pp. 58-81
Author(s):  
Douglas Fisher
Keyword(s):  
Complex System ◽  
Environmental Governance ◽  
Environmental Law ◽  
Environmental Values ◽  
Implementation Framework ◽  
State Legislation ◽  
Credible Information ◽  
Ecologically Sustainable ◽  
The Relationship ◽  
Ecologically Sustainable Development

This chapter examines the structure and substance of environmental law in Australia. It begins with a discussion of how powers are distributed in environmental governance in Australia, taking into account the law’s constitutional basis, and more specifically the division of legislative capacity between the states and the Commonwealth, as well as the relationship between Commonwealth and state legislation in practice. It then considers environmental protection, with a focus on protection from pollution and harm, conservation of environmental values, and the emergence of a complex system to facilitate ecologically sustainable development. It also analyses the implementation framework for Australian environmental law, emphasizing the importance of credible information and analysis in making decisions about the future use of the environment and about past actions impacting on it. Finally, it explores the nature of sanctions and remedies, including compliance with liability rules and decision-making rules as well as the nature of environmental litigation.

New Dimensions of the Earth System Law

2021 ◽  
pp. 1-14
Author(s):  
Louis J. Kotzé ◽  
Rakhyun E. Kim
Keyword(s):  
Environmental Law ◽  
Present Form ◽  
Earth System ◽  
New Paradigm ◽  
International Environmental Law ◽  
The Earth ◽  
Ecological Justice ◽  
Governance Challenges

It seems international environmental law cannot continue to exist in its present form for the purpose of the Anthropocene. Analytically, international environmental law and its lawyers appear not to fully understand and respond to the complex governance challenges arising from a complex Earth system. Thus, normatively, international environmental law seems to have failed to provide appropriate norms to prevent humans from encroaching on Earth system limits. In a transformative sense, international environmental law has not been sufficiently ambitious to achieve the type of radical transformations that may be necessary to ensure planetary integrity and socio-ecological justice. It calls for a new legal paradigm suitable for the purpose of the Anthropocene and could address international environmental law’s analytical, normative and transformative concerns. This new paradigm may be called the ‘Earth system law’. This chapter seeks to provide some preliminary thoughts about the analytical, normative, and transformative dimensions of earth system law could entail. Why they would be more appropriate for the purpose of governing a complex Earth system in the Anthropocene?

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