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E-book Blue Planet Law The Ecology of our Economic and Technological World
In the twenty-first century, the internationalcommunity and states face the challenge ofreconciling the economic and technologicaldevelopment of our post-industrial societieswith the prevention or mitigation of globalenvironmental problems such as climatechange, ocean degradation, and biodiversityloss. Nowadays, international environmentallaw leaves up to the sovereignty of each statemost of the measures necessary to preventpollution, ecosystem degradation, and unsus-tainable use of natural resources. An importantstep, together with other international andnational efforts, towards the transition to amore globalised and effective environmentallaw, a Blue Planet Law, will be the approval ofthe Global Pact for the Environment, which isbeing discussed at UN level. The Pact, alongwith other new international environmentalconventions, will provide a legal frameworkthat will help promote more effective ecologi-cal sustainability and preventive responsibil-ity, considering namely the precautionaryprinciple and intergenerational equity. Thedevelopment of a Blue Planet Law, a GlobalLaw of the Earth Ecosystem, is as urgent nowas Human Rights Law was after the Second World War, and, in the next decade, it will be acrucial element for international and domesticimplementation of the Agenda 2030 UN Sus-tainable Development Goals. One of humankind’s greatest challenges in thetwenty-first century is to reconcile the economicand technological development of our post-industrial societies with the prevention or mitiga-tion of global environmental problems such asclimate change, ocean degradation, and biodiver-sity loss. The delicate equilibria of the wholebiosphere, on which human life, health, food,and well-being depend, are at risk. Therefore, aBlue Planet Law, a new Global EnvironmentalLaw, whichfleshes out the ecological dimensionof sustainable development, is necessary. Our textintends to contribute to overcoming thedifficulties of the current international environ-mental law, in view of the transition towards anew environmental law clearly characterised as“global”and“future-oriented”. We willfirst develop the idea of a Blue PlanetLaw, in the context of the Anthropocene (Sect.2).Subsequently, we will demonstrate that theexisting International Environmental Law is, forseveral reasons, insufficient to solve the mainproblems of the global ecological crisis (Sect.3). Afterwards, we will defend the urgency ofapproving the Global Pact for the Environment,which is being discussed at UN level and includesa strong emphasis on the universal duty to takecare of the environment and on the principles ofprevention, precaution and intergenerationalequity (Sect.4). Finally, we will stress the impor-tance of the role of the Blue Planet Law instrengthening the environmental component ofthe UN Sustainable Development Goals (Sect.5). We are living a new geological age characterisedby the physical, chemical and biological impactof human activities on the Planet as a whole:“theAnthropocene”(Crutzen and Stoermer2000).The Anthropocene is the“age of humans”;“forthefirst time in our history the most serious andimmediate, even existential, risks are human-made and unfolding at planetary scale”(UNDP2020, p. 20). The relationship between human-kind and nature has definitely changed;“thefrontiers of the natural and the artificial havebecome increasingly diluted and everything oralmost everything, from the climate to biologicaldiversity”seems to be“under humankind’spower”(Ost 2003, p. 266). With modern technol-ogy the“nature of human action hasde factochanged”and we have acquired an immensepower over“no less than the whole Biosphere ofthe Planet”(Jonas1985, p. 7);“man has becomedangerous not only to himself but to the wholeBiosphere”(Jonas1985, p. 136).The former geological age, the Holocene, wascharacterised by a certain stability and equilib-rium of ecosystems. The industrial revolutionconstitutes a turning point in the relationshipbetween humankind and nature.
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