The Environmental Rule of Law's Transformative Power

The Environmental Rule of Law is proposed as an ecocentric, transformative, and dynamic model. As a principle of governance, it implies values and standards that give rise to a new paradigm based on sustainable development, climate stability, and the circular economy, specifically focused on fundamental rights and obligations. Key factors of the Rule of Law revolution are the collective character of the environment, diffuse rights, the recognition of future generations and nature as legal subjects, and various principles with a strong protective purpose. The growing integration between human rights and the environment is another feature of the process, to be further discussed in regard to the Escazú Agreement, a groundbreaking instrument that enshrines access rights and stipulates safeguard mechanisms for environmental defenders. The Environmental Rule of Law constitutes a powerful framework with a marked vocation for change, aimed at achieving the enforcement of effective laws, the strengthening of institutions, and broader access to information, participation, and justice.

Publication Details

Journal
eYLS (Yale Law School)
Published
2024-12-20
Primary Topic
Magnetic confinement fusion research
Type
article
Field-Weighted Citation Impact
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article

The Environmental Rule of Law's Transformative Power

eYLS (Yale Law School)
Magnetic confinement fusion research
article

The Environmental Rule of Law's Transformative Power

article en

Abstract

The Environmental Rule of Law is proposed as an ecocentric, transformative, and dynamic model. As a principle of governance, it implies values and standards that give rise to a new paradigm based on sustainable development, climate stability, and the circular economy, specifically focused on fundamental rights and obligations. Key factors of the Rule of Law revolution are the collective character of the environment, diffuse rights, the recognition of future generations and nature as legal subjects, and various principles with a strong protective purpose. The growing integration between human rights and the environment is another feature of the process, to be further discussed in regard to the Escazú Agreement, a groundbreaking instrument that enshrines access rights and stipulates safeguard mechanisms for environmental defenders. The Environmental Rule of Law constitutes a powerful framework with a marked vocation for change, aimed at achieving the enforcement of effective laws, the strengthening of institutions, and broader access to information, participation, and justice.

eYLS (Yale Law School)
Climate action
Openalex Percentile: Top 20%
Magnetic confinement fusion research
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