The world environmental constitution as an instrument of international environmental governance
by Yuriy Y. Tunytsya, Ihor P. Soloviy
Interdisciplinary Environmental Review (IER), Vol. 10, No. 1/2, 2008

Abstract: Evidence for the ineffectual implementation of the well-known decisions at world summits on the problems of environmental safety and sustainable development, in particular, ''Stockholm-72'', ''Earth Summit'' (Rio-92) ''Rio+5'' (New York, 1997) and ''Rio+10'' (Johannesburg, 2002), cannot be denied. In this context, the resolutions adopted at the aforementioned summits have no legally-binding measures; moreover, the world community has become disenchanted in its ability to effectively take actions to conserve our common natural heritage, to overcome poverty and disease, to withstand terrorism and other negative phenomena - in general, actions to save life on Earth. Under such circumstances, it is practically impossible to achieve sustainable development. It is the authors' opinion that the necessity has emerged to create basic laws and rights - a constitution - to provide a foundation for conservation of the common heritage of humanity and its sustainable development. These laws must have legally binding force - jus cogens. In other words, it is necessary to rewrite the documents of the above-mentioned summits in terms of legal parlance. On all the terrestrial and aquatic ecosystems of Earth, such obligatory rules of law must prevail to restore a balance to natural systems and ensure the preservation of the common heritage of the human race.

Online publication date: Mon, 13-May-2013

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