A martian at the united nations or naive thoughts on global environmental governance
DOI:
https://doi.org/10.23925/ddem.v.2.n.5.58301Keywords:
Global Environmental Governance, Paris Agreement, Global Pact for the Environment, Theory of State Self-Limitation, Inter-State Cooperation, International Democracy, Internal JusticeAbstract
What if a Martian were to come to observe the Earth and its inhabitants? Not just your typical Martian, but a jurist Martian. He had first come 50 years ago, in 1972 for the Stockholm Conference and had had come back once again in our time. Facing the rapid degradation of the Earth, he undertook to meet the Secretary-General of the United Nations. They first discussed the dual failure of global environmental governance: it is observed through the fatality of the elaboration of new ambitious norms as well as the implementation of existing norms. Together, they identified several roots of these difficulties. They mainly revolved around the auto-limitation of States and their selfish nature entailed by their Sovereignty on natural resources. Finally, naïve lines of thought to help set up a more efficient and fairer system were put on the table. They imply the return to values in the international landscape and the recognition of a global public interest. As he was leaving, the Martian concluded with a question on the art of reform: how could such changes be accepted by the States? Human history showed that only the occurrence of disasters can provoke deep-seated questioning. Our Martian feared that, for its next time on Earth, he might have little to see.
References
ª Visão Global da Biodiversidade (GBO-5), disponível on-line no site da Convenção sobre Diversidade Biológica: < https://www.cbd.int/gbo/gbo5/publication/gbo-5-fr.pdf>.
P. Sands, Principles of International Environmental Law. 2ª Ed., Cambridge University Press, p. 187: « It is a trite observation that environmental problems, although they closely affect municipal laws, are essentially international; and that the main structure of control can therefore be no other than that of international law ».
Relatório do Secretário Geral das Nações Unidas de 13 de dezembro de 2018, “Gaps in international environmental law and texts: towards a global environmental pact”, relatório A/73/419, disponível online no site das Nações Unidas. As mesmas observações foram feitas em 2015 no relatório de um grupo de reflexão francês, o Club des Juristes, sobre a necessidade de “reforçar a eficácia do direito ambiental internacional” (relatório da Comissão de Meio Ambiente do Club des Juristes “Reinforcing the effectiveness of international environmental law: duties of States, rights of individuals”, novembro de 2015, disponível on-line no site do Club des Juristes).
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