Rule of Law for Nature: New Dimensions and Ideas in by Christina Voigt

By Christina Voigt

'Human legislation has to be reformulated to maintain human actions in concord with the unchanging and common legislation of nature.' This 1987 assertion by means of the realm fee on setting and improvement hasn't ever been extra suitable and pressing than it truly is this day. regardless of the various felony responses to varied environmental difficulties, extra greenhouse gases than ever ahead of are being published into the ambience, organic range is speedily declining and fish shares within the oceans are dwindling. This booklet demanding situations the doctrinal development of environmental legislation and provides an leading edge felony method of ecological sustainability: a rule of legislations for nature which courses and transcends usual written legislation and extends basic rules of recognize, integrity and felony safety to the non-human global.

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In this view there is serious doubt about whether we have the capacity and requisite intent to protect nature in the future and to ensure sustainable development for all people. We are at a critical juncture in international environmental law, in which we will need to forge new paths to address global environmental problems and to advance the rule of law for nature. 2. Path to the future he path to the future is enormously challenging. We may be leaving the Holocene Epoch, in which nature held sway, and entering the Anthropocene Epoch, in which humans are the major force shaping the planet in profound ways.

Concern for the future and intergenerational equity is the core idea of sustainable development as a political objective and legal principle. he needs of our descendants must not be compromised by the steps we take to solve today’s problems. 18 In practice, we see some positive trends. For example, sustainable development has been adopted as a principle and objective in many national laws around the world. It follows that future interests and long-term efects should be taken properly into account when decisions on nature and natural resources are made.

But they are marked by the imbalance in the interests and material on which 24 Hans Christian Bugge decisions are taken. And all the fundamental problems of environmental law that I have described contribute to these results. It is my conviction that a strengthening of nature’s legal position and protection, as I have sketched, is a prerequisite for a proper balance, and through this also a proper functioning of our democratic system. 4. he dilemma of ‘attacking the problem at the source’ In the Brundtland Report, ‘merging environment and economics in decision making’ is one of the seven ‘strategic imperatives’ recommended by the World Commission on Environment and Development (WCED) to achieve sustainable development.

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