238
5 Conclusion
The above discussion outlines selected factors considered central to the success of
R2P and considers the extent to which these are present or absent in the instance of
the GPE. This is a preliminary analysis, however the results indicate that the GPE
and other innovative civil society initiatives can learn much from the history of
R2P. More comprehensive research is warranted.
There is an urgent need to find transformative legal responses to the global ecological crisis, however we must progress in ways that don’t risk the already tenuous
legitimacy of states and the rule of international law. This loss of legitimacy is much
closer than it might seem. UNSG Guterres recently visited New Zealand, where he
met with student climate change protesters. He was questioned about enforceability
of the 2015 Paris Agreement, replying that it relied upon naming and shaming. The
students responded by laughing at him. In doing so, today’s youth demonstrated
derision for the UN system, the authority of states and for international law. As
Thunberg has urged: if you can’t find solutions within the system, change the system (Thunberg 2018). While we might agree that a revolution is needed, how it is
achieved is another matter.
References
5
Aguila Y, Viñuales JE (2019a) A global pact for the environment: conceptual foundations. Rev Eur
Comp Int Environ Law 28:3–12
Aguila Y, Viñuales JE (eds) (2019b) A global pact for the environment: legal foundations.
C-EENRG, Cambridge
Axworthy L, Rock A (2009) R2P: a new and unfinished agenda. Global Responsib Protect 1:54–69
Biniaz S (2019) The UNGA resolution of a “Global Pact for the Environment”: a chance to put the
horse before the cart. Rev Eur Comp Int Environ Law 28:33–39
Bosselmann K (2015) Earth governance: trusteeship of the global commons. Edward Elgar,
Cheltenham
Boyd D (2012) The constitutional right to a healthy environment. Environ Sci Policy Sustain Dev
54(4):3–15
Brunnée J, Toope SJ (2008) Norms, institutions and UN reform: the responsibility to protect. J Int
Law Int Relations 2:121–137
Deng FM (2010) From sovereignty as responsibility to the responsibility to protect. Global
Responsib Protect 2:353–370
Evans G (2015) The evolution of the responsibility to protect: from concept and principle to
actionable norm. In: Thakur R et al (eds) Theorising the responsibility to protect. Cambridge
University Press, Cambridge
Fabius L (2017) Letter from President of the French Constitutional Council to legal experts (24
March, 2017)
Fernández EF, Malwé C (2019) The emergence of the ‘planetary boundaries’ concept in international environmental law: a proposal for a framework convention. Rev Eur Comp Int Environ
Law 28:48–56
5 All websites accessed on 24-11-2019.
P. Taylor
5 Conclusion
The above discussion outlines selected factors considered central to the success of
R2P and considers the extent to which these are present or absent in the instance of
the GPE. This is a preliminary analysis, however the results indicate that the GPE
and other innovative civil society initiatives can learn much from the history of
R2P. More comprehensive research is warranted.
There is an urgent need to find transformative legal responses to the global ecological crisis, however we must progress in ways that don’t risk the already tenuous
legitimacy of states and the rule of international law. This loss of legitimacy is much
closer than it might seem. UNSG Guterres recently visited New Zealand, where he
met with student climate change protesters. He was questioned about enforceability
of the 2015 Paris Agreement, replying that it relied upon naming and shaming. The
students responded by laughing at him. In doing so, today’s youth demonstrated
derision for the UN system, the authority of states and for international law. As
Thunberg has urged: if you can’t find solutions within the system, change the system (Thunberg 2018). While we might agree that a revolution is needed, how it is
achieved is another matter.
References
5
Aguila Y, Viñuales JE (2019a) A global pact for the environment: conceptual foundations. Rev Eur
Comp Int Environ Law 28:3–12
Aguila Y, Viñuales JE (eds) (2019b) A global pact for the environment: legal foundations.
C-EENRG, Cambridge
Axworthy L, Rock A (2009) R2P: a new and unfinished agenda. Global Responsib Protect 1:54–69
Biniaz S (2019) The UNGA resolution of a “Global Pact for the Environment”: a chance to put the
horse before the cart. Rev Eur Comp Int Environ Law 28:33–39
Bosselmann K (2015) Earth governance: trusteeship of the global commons. Edward Elgar,
Cheltenham
Boyd D (2012) The constitutional right to a healthy environment. Environ Sci Policy Sustain Dev
54(4):3–15
Brunnée J, Toope SJ (2008) Norms, institutions and UN reform: the responsibility to protect. J Int
Law Int Relations 2:121–137
Deng FM (2010) From sovereignty as responsibility to the responsibility to protect. Global
Responsib Protect 2:353–370
Evans G (2015) The evolution of the responsibility to protect: from concept and principle to
actionable norm. In: Thakur R et al (eds) Theorising the responsibility to protect. Cambridge
University Press, Cambridge
Fabius L (2017) Letter from President of the French Constitutional Council to legal experts (24
March, 2017)
Fernández EF, Malwé C (2019) The emergence of the ‘planetary boundaries’ concept in international environmental law: a proposal for a framework convention. Rev Eur Comp Int Environ
Law 28:48–56
5 All websites accessed on 24-11-2019.
P. Taylor