Environmental Policy and Law - Volume Pre-press, issue Pre-press

Authors: Popovski, Vesselin

Article Type: Research Article

Abstract: Climate change is the greatest existential challenge for the humanity and this makes the implementation of the SDG 13 ‘Climate Action’ and Paris Agreement on Climate Change crucial for our survival. This article begins by elaborating the concept of implementation of international law, makes a comparison between the legal character of the Paris Agreement on Climate Change and the SDGs. It argues that the Paris Agreement creates the necessary legal framework, transparency, technology transfer, accountability, capacity building, financing and other mechanisms to implement SDG 13. However, the lack of political will and ignorance by some governments has led to a …lack of progress, which may jeopardize not only Climate Action, but other SDGs too. The article ends with the argument that UN member-states should undertake urgent action to mitigate climate change, adapt to its negative consequences and co-operate towards an effective global climate governance, and for that matter it would be helpful, if climate action is formulated as a new and separate purpose in the UN Charter. Show more

Keywords: Climate change, implementation, international law, Paris Agreement, SDG 13, global governance, UN charter, existential crisis

DOI: 10.3233/EPL-239025

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-13, 2024

Authors: Bosselmann, Klaus

Article Type: Research Article

Abstract: Most legal systems recognize trusteeship functions of individuals or institutions to act on behalf and in the interest of those who cannot legally act for themselves. They can be advanced for the effective protection of future generations and the Earth. Guidance for Earth Trusteeship exist in the form of two agreements created by global civil society, the 2000 Earth Charter and the 2018 Hague Principles. Current opportunities include the UN Secretary General’s call for “repurposing the Trusteeship Council”, the UN Summit of the Future and ongoing developments in many countries towards implementing ecological integrity and rights of nature into their …legal systems. Show more

Keywords: Earth Charter, Earth system, Earth trusteeship, ecological Integrity, Hague Principles, ownership, State sovereignty, fiduciary duties

DOI: 10.3233/EPL-239030

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-10, 2024

Authors: Mulvey, Freya | Mulvey, Philip

Article Type: Research Article

Abstract: Turning the dirt, we have cultivated back into soil is critical to securing our planetary future. The world’s principal existential challenges – food, water and energy security, climate change abatement, biodiversity protection and human health1 – are all underpinned by soil dysfunction. Yet, little is known about soil function, soil services and threats to soil, or how the state of our soils, determined by land use and land management, cause desertification and climate change. As greenhouse gases are transparent to incoming solar radiation, we must mitigate excess atmospheric heat by reducing the amount of organic matter mined from …the soil, because when the sun’s rays fall on exposed, drained, baked dry soil, most of the solar radiation is converted from latent heat to sensible heat. Soil specific policy and legislation must be developed to regulate sources of excess sensible heat, consistent with limiting global temperature rise to 1.5°C above pre-industrial levels. Through soil security, we can deliver a better present and safeguard our planetary future. Show more

Keywords: Climate change, latent heat, sensible heat, soil, soil security, soil health, soil quality, soil indicators, landscape, land use, land management

DOI: 10.3233/EPL-239033

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-13, 2024

Authors: Kameri-Mbote, Patricia | Kaguru, Macharia

Article Type: Research Article

Abstract: Since its inception, the United Nations (UN) system has been instrumental in fulfilling the objectives of the UN Charter. Despite these successes, environmental degradation has escalated to critical levels especially in the last six decades. The prevailing development model, reliant on infinite natural resource extraction, is unjust and unsustainable. Growing scientific evidence on planetary boundary warns that this unbalanced developmental model is driving the humanity toward irreversible damage to essential ecological processes. Radical transformations and extraordinary cooperation among nations are required to reverse these. This paper argues that the UN system is critical in facilitating this extraordinary cooperation and charting …pathways to a sustainable planetary future by harnessing its convening power, scientific & technical expertise and global presence. To achieve this, the UN must strive for stable and sustainable pathways as a common good by all the 193 member states. This commitment will require structural reforms, robust governance architecture, strengthened multilateralism, and, above all, moving away from artificial geographical boundaries while recognizing the critical role of the UN member states. As a corollary, the UN needs to build capacity and assist sovereign states in translating the ambitious action plans for our planetary future. Show more

Keywords: UN system, essential ecological processes, sustainable pathways, robust governance architecture, planetary boundaries, multilateralism, law-making, environmental rule of law, just space, implementation

DOI: 10.3233/EPL-239035

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-14, 2024

Authors: Jaria-Manzano, Jordi

Article Type: Research Article

Abstract: The constitutional tradition is based in normality, which allows to think in a general social ordination through a constitutional document. Against the backdrop of the global environmental crisis, which has been described as a transition to a new geological era, as the Anthropocene; scholars and policy-makers are bound to cope with the new situation through the creation of some kind of new constitutional order as an ecological constitution indeed. But, the global transformation produced by the growing entanglement between society and biosphere is generating such a complex scenario that the pretension of order seems out of place. This paper tries …to draw some insights from taking this new complexity and uncertainty that it creates seriously. The proposal is to see (constitutional) law rather as an event than an order, in the assumption of a permanent state of exception. Show more

Keywords: Order, exception, constitution, environmental law, anthropocene

DOI: 10.3233/EPL-239034

Citation: Environmental Policy and Law, vol. Pre-press, no. Pre-press, pp. 1-11, 2024