263
this discussion a more holistic and universal view also in regards to the environment
security as well. In his encyclical letter (Enciclycal Letter Laudato Si of the Holy
Father Francis on Care for Our Common Home) Pope Francis affirms that we need
a more consistent and responsible global reaction. If the human environment and the
natural environment deteriorate together, there is no way we can win this battle with
the available tools, and more and more conflicts will arise which in turn will deteriorate the environment even more.
One primary condition is to move from a position of pure national interests that
the majority of states pursue to a position where it is accepted the notion of “common good”, a political and philosophycal category, of the human kind. In light of
the acceptance of a discussion around this principle then, as we may recognize that
everything, including the earth, the oceans, the climate, the water should be driven
by the principle of common good, the second condition would be to find ways to
legally determine the category of “global commons”, not to be confused with common good, and how to implement efficient systems of governance of global commons, namely resources that lie outside the political reach of any one nation State.
The third condition could be to start at least discussing around the concept of earth
rights, though there are many difficulties in constructing a legal subjectivity. In
moving from a legal dimension to the dimension of philosophy of law the notion of
common good, coming from the Tomistic tradition of natural law, confirms its
essential characteristic, which is indivisibility. This unique constituent is capable of
influencing law and politics and allows the translation of an appropriate theory of
sovereignty. Without this element of an indivisible common good, politics and law
will always struggle in finding solutions to the constant conflictuality, to grave violations, and the use of force will remain the remedy used in international relations.
To this aim the legal notion of states as environmental trustees has been proposed
leading to a real paradigm shift. So far sovereignty sets limits to environmental
protection, but ultimately it should be environmental protection to set the limits to
state sovereignty (Bosselmann 2015).
References
“Advisory Opinion on Legality of the Threat or Use of Nuclear Weapon”, in ICJ Reports Year
1996, p. 226 e seq. (241, para. 28 and 29)
Bosselmann K (2015) Earth governance: trusteeship of the global commons. Edward Elgar,
Cheltenham
Capra F (2015) Laudato Sì – the ecological ethics and systemic thought of Pope Francis, 22 June
2015. http://www.fritjofcapra.net/laudato-si-the-ecological-ethics-and-systemic-thought-ofpope-francis/. Accessed 15 Oct 2019
Dinstein Y (2001) Protection of the environment in international armed conflict. Max Planck
UNYB 5, p. 541
Enciclycal Letter Laudato Si of the Holy Father Francis on Care for Our Common Home.
Available at http://www.vatican.va/content/francesco/en/encyclicals/documents/papa-francesco_20150524_enciclica-laudato-si.html. Accessed 3 Oct 2019
ENMOD Convention available at https://treaties.un.org/. Accessed 3 Nov 2019
Environmental Damages and Armed Conflict
this discussion a more holistic and universal view also in regards to the environment
security as well. In his encyclical letter (Enciclycal Letter Laudato Si of the Holy
Father Francis on Care for Our Common Home) Pope Francis affirms that we need
a more consistent and responsible global reaction. If the human environment and the
natural environment deteriorate together, there is no way we can win this battle with
the available tools, and more and more conflicts will arise which in turn will deteriorate the environment even more.
One primary condition is to move from a position of pure national interests that
the majority of states pursue to a position where it is accepted the notion of “common good”, a political and philosophycal category, of the human kind. In light of
the acceptance of a discussion around this principle then, as we may recognize that
everything, including the earth, the oceans, the climate, the water should be driven
by the principle of common good, the second condition would be to find ways to
legally determine the category of “global commons”, not to be confused with common good, and how to implement efficient systems of governance of global commons, namely resources that lie outside the political reach of any one nation State.
The third condition could be to start at least discussing around the concept of earth
rights, though there are many difficulties in constructing a legal subjectivity. In
moving from a legal dimension to the dimension of philosophy of law the notion of
common good, coming from the Tomistic tradition of natural law, confirms its
essential characteristic, which is indivisibility. This unique constituent is capable of
influencing law and politics and allows the translation of an appropriate theory of
sovereignty. Without this element of an indivisible common good, politics and law
will always struggle in finding solutions to the constant conflictuality, to grave violations, and the use of force will remain the remedy used in international relations.
To this aim the legal notion of states as environmental trustees has been proposed
leading to a real paradigm shift. So far sovereignty sets limits to environmental
protection, but ultimately it should be environmental protection to set the limits to
state sovereignty (Bosselmann 2015).
References
“Advisory Opinion on Legality of the Threat or Use of Nuclear Weapon”, in ICJ Reports Year
1996, p. 226 e seq. (241, para. 28 and 29)
Bosselmann K (2015) Earth governance: trusteeship of the global commons. Edward Elgar,
Cheltenham
Capra F (2015) Laudato Sì – the ecological ethics and systemic thought of Pope Francis, 22 June
2015. http://www.fritjofcapra.net/laudato-si-the-ecological-ethics-and-systemic-thought-ofpope-francis/. Accessed 15 Oct 2019
Dinstein Y (2001) Protection of the environment in international armed conflict. Max Planck
UNYB 5, p. 541
Enciclycal Letter Laudato Si of the Holy Father Francis on Care for Our Common Home.
Available at http://www.vatican.va/content/francesco/en/encyclicals/documents/papa-francesco_20150524_enciclica-laudato-si.html. Accessed 3 Oct 2019
ENMOD Convention available at https://treaties.un.org/. Accessed 3 Nov 2019
Environmental Damages and Armed Conflict