A country's environmental policy must follow the principles of environmental law.
Environmental law is the set of laws, rules and principles that allow the regulation of the links between human beings and the environment . These standards have the objective of contributing to the protection of nature , contributing to the conservation of biodiversity and ecosystems and enabling people to live in an environment that does not put their health at risk.
The rules and regulations established by environmental laws are also important to take care of the habitats where endangered species reside. They also establish regulations for waste management and establish sanctions and fines for those who do not act with environmental responsibility.
Its origin
The origin of environmental law as a specialized branch of law is usually located in 1972 . From June 5 to 16 of that year, in the Swedish city of Stockholm , the United Nations Conference on the Human Environment , also known as the Stockholm Earth Conference or simply the Stockholm Conference , was held.
Representatives from more than a hundred countries participated in this meeting promoted by the UN , who agreed to release a declaration with 26 principles, as well as a resolution and an action plan. One of the consequences of the Stockholm Conference was the birth of the United Nations Environment Program (UNEP) .
This event contributed to the emergence of environmental law as part of a social process that aimed to prevent environmental catastrophes and promote sustainable development . From its beginnings, environmental law was presented as a multidisciplinary field because, beyond the essential intervention of legal professionals, it needs the contributions of biologists, doctors, chemists, physicists and other specialists.
It is important that mining, given its polluting potential, adapts to environmental law.
Principles of environmental law
Environmental law is based on different principles that serve as guides for action. One of them is the precautionary principle , which indicates that protective measures should be adopted when there are well-founded suspicions about the possible negative impact of a product or procedure on the environment or public health.
This precautionary principle implies that the measures are executed before the first occurrence of the alleged damage. The principle of prevention , on the other hand, is applied when there is already certainty of the damage that can be caused.
The polluter-pays principle , also known as the "polluter pays" principle , works as a mechanism that allows both to prevent and repair environmental damage. In this case, the legal or natural person that damages the environment with its activity has the obligation to pay the cost of preventive or repair actions so that the place does not suffer alterations.
Another principle that is framed in environmental law is the principle of shared responsibility or co-responsibility . This precept indicates that, in caring for the environment, the obligations apply to both a specific agent and those who, in one way or another, are involved with the management of the environment.
Environmental law establishes punishments for those responsible for natural disasters, such as oil spills or nuclear accidents.
Application of theories of justice
The application of justice theories in environmental law gives rise to so-called environmental justice . According to the philosophy of law, these types of theories seek to determine criteria that are legitimate to specify what is fair.
Environmental justice is based on the conception of the environment as a common good . Therefore, it contemplates the existence of a right of public access to nature although with legal obligations.
In this way, environmental justice sets limits on the exploitation of the environment, preventing overexploitation to avoid the depletion of natural resources and regulating those activities that constitute a threat to ecological diversity .
Environmental law and climate change
Climate change is often a source of debate. At a general level, there is a confrontation between those who maintain that a global warming process caused by man is underway mainly through greenhouse gas emissions and those who consider that the climate changes naturally.
Despite this debate, the scientific consensus confirms that climate change is a reality. Within this framework, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted in 1992 with the aim of stopping human interference in the climate system.
Five years later, the Kyoto Protocol for reducing greenhouse gas emissions was signed, later updated with the Paris Agreement . All these instruments that are integrated into environmental law have the purpose of reducing the risk of man-made disasters in the climate .
Search for sustainability
Environmental law is an essential resource in the search for sustainability . It provides legal tools and instruments to prevent, reduce and reverse damages that are inflicted on nature.
Through rules and regulations, the State has the possibility of promoting recycling and minimizing solid waste that ends up in landfills ; promote responsible consumption ; reduce soil pollution , water pollution and air pollution; and promote sustainable means of transportation for urban mobility , for example.
Environmental law also helps fight desertification and deforestation and work towards energy efficiency , promoting the adoption of renewable energy (such as wind energy or solar energy ).
In short, it is about applying the right to care for nature . This has direct consequences on the lives of all people, as well as on the subsistence of flora and fauna .
The legal framework is necessary, above all to limit the actions of those who have power and money to try to impose their will while pursuing their own interests, which are often contrary to those of the rest of society. In any case, laws are not enough to guarantee the conservation of wildlife and ecosystems: awareness is needed in the community in general about the impact that daily acts have on the planet . After all, each person, from their place, has responsibility for their environment and their peers.