The impact of the eco-globalization upon the law. From environmental law, to ecosphere law

Abstract

In terms of the eco-globalization, law represents one of the few, if not only, social action element that one can resort to for bringing resolve to the environmental crisis. To fulfill such a part, there is need for a true “ecojuridical revolution”, to turn law, from a simple protection tool, into an organizing and structuring factor of an ethical principle, of planetary solidarity, economic, of global management, and as a complex regulatory system for Earth’s problems. And this urgent and radical becoming subscribes to a gradual evolution starting in the 1970s, with the emergence of the environment law (having a limited purpose of promoting a new dimension for the quality of life, by assuring a clean, unpolluted, and so healthier, environment), continuing after 1990 as the sustainable development law (which assumes integration and compatibility of the ecological element among the development model, amongst and along with the economic, social and cultural pillars) and it should lead to the ecosphere law (that assumes, as the eco-climatic imperative implies, the burden of guaranteeing our survival on this planet). For that it is required a reevaluation of the legal concepts, a rethinking of priorities among the fundamental rights and values and another integration, with new purposes and places, of the legal system in society, so reaching, by going full circle, the ecosphere law, the basis of existence of the law itself.