Conventional development of environmental preoccupations

Author:Claudia Andritoi
Position:Lecturer, PhD, Eftimie Murgu Univeristy Resita
Pages:147-155
Claudia Andritoi
147
LESIJ NR. XVIII, VOL. 2/2011
CONVENTIONAL DEVELOPMENT OF ENVIRONMENTAL
PREOCCUPATIONS
Claudia ANDRIXOI
Abstract
A great number of the conventions referring to nature, even if they do not refer ton particular
species, were limited from the point of view of geography and territories: we may give as example
here a convention for the protection of flora, fauna and panoramic beauties of America, the
African convention for nature and natural resources… By the Stockholm conferences, from the 5th
of June 1972, we entered in a “dynamic of globalization”. Article 1 of the Declaration that
followed the conference is important for the global awareness: “Human beings have the basic
right for freedom, equality and conditions of a satisfying life, in an environment with a quality that
allows him to live with dignity and well being. He has the solemn duty to protect and improve the
environment for the present and future generations (…)”. This article proclaims a right for the
environment. A new law seems to have arisen with the apparition of this convention: the right of a
healthy human being and of a healthy environment. This law is bipolar because it associates the
human beings to nature. Human beings have the right to live in a healthy environment and this is
why he has to protect nature. This does not represent a right of the human beings from a strict
point of view. This is a right that has a universal value. The right to a healthy environment can not
be put in the same category as the right to live or the right to be healthy, because this right
contains the latter.
Keywords: the principle of precaution, globalization, cultural patrimony, natural patrimony,
international ecological order.
Introduction
A brief history of environmental law allows the situation of an idea of universal interest in a
conventional context. Only a few decades ago has the human being been aware of the nefarious
consequences that could influence the environment. In the beginning, the environmental
conventional instruments did not aim but at the salvage of certain animal or vegetal, only a few
conventions from the beginning of the 20th century were more global. Environmental international
law was at its origin “a sector discipline”. Nowadays, it tends to “adopt a global vision of the
biosphere and of its multiple components”.
• An international ecological order?
The Rio Conference took into consideration the global risks representing climate changes and
the disappearing of biodiversity1.
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Lecturer, PhD, Eftimie Murgu Univeristy Resita, (email: c.andritoi@uem.ro, andritoiclaudia@yahoo.com.)
1 BEURIER (J.-P.), Le droit de la biodiversité, RJE 1-2 /1996, p. 5-28.MALJEAN-DUBOIS (S.), Biodiversité,
biotechnologie, biosécurité : le droit international désarticulé, JDI 2000 (4), p. 949-996. LONDON (C.), Nouveau
millénaire, nouveaux impératifs environnementaux ? , Droit de l’environnement mai 2002, n° 98, p. 129 et s. et

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