Spre un drept mondial al mediului și al climei. Premise, căi și tendințe de dezvoltare

After a development that lasted over half a century, with a first peak of affirmation three decades ago (Rio, 1992) and after a period of stagnation, the international legal framework of environmental protection seems to be entering an era of relaunch and defining transformations. Imposing the Anthr...

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Veröffentlicht in:Studii și cercetări juridice (2012) 2023 (4), p.523-550
1. Verfasser: Dutu-Buzura, Andrei
Format: Artikel
Sprache:rum
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Zusammenfassung:After a development that lasted over half a century, with a first peak of affirmation three decades ago (Rio, 1992) and after a period of stagnation, the international legal framework of environmental protection seems to be entering an era of relaunch and defining transformations. Imposing the Anthropocene, the affirmation of planetary limits and the accentuation of overlapping and interdependent global ecological crises (climate change, biodiversity erosion, and generalized pollution) generate a paradigm shift and an unprecedented evolution of ecological normativity towards the globalization of stakes and the universalization of responses and implications. From this perspective, first affirmed as a (global) law of the environment and the climate, with the Paris Agreement (2015) as its main hinge, the new ecological law takes shape in firm lines by structuring climate law as its driving forces, seconded by biodiversity law, both accompanied by progress in global pollution law. These trends are currently expressed through the concerns of strengthening the climate process (the Glasgow Pact of 2021, the proposal to conceive a treaty on the non-proliferation of fossil energies), the stability of the new biodiversity framework (the Kunming-Montreal Framework and the Agreement on the Conservation of Biodiversity), addressing new forms of pollution (negotiation of a new agreement on fighting plastic pollution). And all this in connection and in mutual potentialization with the momentum of the (international) climate litigation and notification of the new scientific-political concept.
ISSN:2284-9394
2284-9394