‘Earth system law’ needed to tackle environmental damage
International environmental law has developed over the past 50 years in response to the environmental implications of modern society. Key issues of concern include pollution, hazardous waste, the loss of endangered species and ecosystems and global challenges such as climate change. “The most important part of international environmental law is the multilateral environmental agreements (MEAs) adopted by the international community,” explains GLEC-LAW project coordinator Duncan French, professor of International Law at the University of Lincoln in the UK. “These include, for example, the 2015 Paris Agreement on Climate Change.” Though many MEAs have been adopted over the decades, it is generally accepted that the state of the global environment is deteriorating. French wanted to consider current limitations, and to begin to outline a new vision – a more ambitious vision – of the role and purpose of environmental law. “This is particularly imperative in the light of increasing evidence of global environmental change,” he says. “Geologists divide the history of the earth into epochs, and many now believe we have entered the Anthropocene.” This is an epoch characterised, for the first time, not by geological events, but by humanity. “In other words, our own actions are now impacting the very foundation of the earth and its complex system, and this can be seen in the geology of the planet.”
Limits of current approaches
GLEC-LAW, launched in January 2018, enabled French to examine the legal implications of the Anthropocene. This research was undertaken with the support of the Marie Skłodowska-Curie Actions programme. “Our findings have highlighted many of the operational failings of international environmental law,” notes French. “These include varying levels of compliance, a lack of political will and a lack of economic and technical support particularly to developing countries.” Together with Louis Kotzé, senior professorial fellow in Earth System Law at the University of Lincoln, French was able to identify more fundamental tensions. French points out that international environmental law, for all its strengths, is created by the very states responsible for the current crisis. It thus contains contradictions, such as a focus on economic well-being at the expense of environmental objectives.
Reimagining environmental law
From these findings, French and Kotzé have suggested the need to radically rethink the role of law in environmental matters. “It needs to better reflect the urgency of the situation and respond to the challenges of the Anthropocene,” emphasises French. “Traditional, state-bound law is insufficient.” One of the most important outcomes of the study has been the elaboration of the notion of an ‘Earth system law’. “We consider this to be a form of innovative environmental law for the Anthropocene,” comments French. “The objective would be to transcend individual state interests and move towards a more universal framework of rules. This framework would encapsulate broader notions of care, responsibility and ecological integrity.” Kotzé argues that Earth system law would also need to be sufficiently responsive. This could be achieved through promoting legal rules and institutions capable of adapting to change. This means not only in a top-down manner through state-based law, but also through the involvement of a broader range of actors, all capable of acting flexibly.
Keywords
GLEC-LAW, ecological, environmental, MEA, ecosystems, pollution, Earth, Anthropocene, climate change
