earticle

영어

The global ecological crisis, on the one hand, and responses by nation states, on the other, are in complete disconnect. At the heart of this systemic failure is a broken human-nature relationship. This relationship needs to be restored. In taking an ecological perspective, the article shows how the law and institutions of governance can become more effective. We can, for example, advance traditional interpretations of human rights, legal procedures and democratic processes to include ecological relationships. To this end, we need to ask who speaks for the beyondhuman world and indeed for the Earth as a whole. Most legal systems include trusteeship functions of individuals or institutions act on behalf and in the interest of those who cannot speak or act for themselves. They can be advanced for the effective protection of non-human beings and the Earth. Guidance for Earth Trusteeship exist in the form of two agreements created by global civil society, the 2000 Earth Charter and the 2018 Hague Principles. Current opportunities include the draft Global Pact for the Environment, the UN Secretary General’s call for “repurposing the Trusteeship Council” and developments in a number of countries towards implementing ecological integrity and rights of nature into their legal systems.