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