The UNGA Resolution on a ‘Global Pact for the Environment’: A chance to put the horse before the cart

Biniaz, Susan

doi:10.1111/reel.12281

Cited by 7 publications

(4 citation statements)

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“…Despite some criticisms (Biniaz 2017), the reintroduction of the groundbreaking universal, justiciable individual human right to the environment opens the possibility of using the existing legal human rights framework for enforcement of the right to a decent environment. The Global Pact (or another similar agreement) could, if adopted, generate a shift in the collective understanding of legal norms and environmental rights in a similar fashion to what occurred in the human rights body of law as a result of the Universal Declaration of Human Rights (1948).…”

Section: Box 126 South African West Coast Rock Lobstermentioning

confidence: 99%

The Ocean Transition: What to Learn from System Transitions

Lubchenco

Haugan

2023

The Blue Compendium

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The ocean is the ultimate commons. Sustainability narratives now recognise what science continues to demonstrate—that ecosystems on land, rivers, deltas, estuaries and the ocean are intrinsically linked (Mathews et al. 2019). There is a growing consensus that the prosperity and well-being of humanity depends on the health of the ocean environment, including the ocean-climate nexus (OECD 2016; IPCC 2019). Critical indicators reveal that business as usual is going to result in the collapse of key biophysical ocean functions, with major implications for the global economy and societies (IPCC 2019). Science has demonstrated that these close systemic interlinkages in and among ecological, economic and social systems require solutions which are responsive and flexible, robust yet elastic (SDG 2019).

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Section: Box 126 South African West Coast Rock Lobstermentioning

confidence: 99%

The Ocean Transition: What to Learn from System Transitions

Lubchenco

Haugan

2023

The Blue Compendium

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“…A more recent initiative is the widely publicised Global Pact for the Environment, on which a lot of hope seems to be pinned to drive transformation of international environmental law itself and of society. 60 But as critical commentators have shown, 61 very little in the existing draft text of the Pact and its continuously evolving wish list actually introduces the type of radical and ambitious norms required to drive radical and ambitious internal and external transformations. The Pact remains firmly embedded in the sustainable development paradigm and everything that goes with this impulse.…”

Section: Transformative Context: Too Little Too Late?mentioning

confidence: 99%

Exploring the Analytical, Normative and Transformative Dimensions of Earth System Law

Kotzé

2021

EPL

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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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“…The main critique of a Global Pact concerns whether and how it would interact with the legal obligations of pre-existing environmental agreements [100][101][102][103][104][105]. As mentioned above, the five states who voted against the adoption of the Global Pact's enabling resolution expressed concerns that the Global Pact was not necessary because of existing environmental agreements, or that the Global Pact could confuse existing obligations in other environmental agreements.…”

Section: Interaction With Existing Multilateral Environmental Instrummentioning

confidence: 99%

A Global Pact for the Environment: The Logical Outcome of 50 Years of International Environmental Law

Aguila¹

2020

Sustainability

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The Global Pact for the Environment is a project for an international treaty that seeks to recognize the environmental rights and duties of citizens, states, and businesses. The text of the initial Pact project was drafted in June 2017 by a network of over 100 environmental law experts from more than 40 countries. In May 2018, the United Nations General Assembly paved the way for its negotiation by adopting the resolution “Towards a Global Pact for the Environment”. These talks resulted in a recommendation for states to adopt a “political declaration” in 2022 for the 50th anniversary of the Stockholm Conference. This article retraces the origins of the Global Pact project and makes the case for its adoption. It argues that a Global Pact is the missing piece to implement the 2030 Agenda and would help to “constitutionalize” fundamental environmental principles. The article further responds to concerns raised about the Global Pact project, such as interactions with existing instruments, the applicability of broad principles at the national level, as well as the risk of regression. It ultimately asserts that all stakeholders would reap benefits from its procedural and substantive provisions, should it be adopted.

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The UNGA Resolution on a ‘Global Pact for the Environment’: A chance to put the horse before the cart

Cited by 7 publications

References 0 publications

The Ocean Transition: What to Learn from System Transitions

The Ocean Transition: What to Learn from System Transitions

Exploring the Analytical, Normative and Transformative Dimensions of Earth System Law

A Global Pact for the Environment: The Logical Outcome of 50 Years of International Environmental Law

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