Location
Room 205
Start Date
2-7-2012 1:30 PM
End Date
2-7-2012 2:50 PM
Description
This paper aims to find, in an international document, the Earth Charter, an example of a declaration of principles required to an international environmental law pact. It will be done based on Martin Buber’s dialogical principle. Also, it is intended to argue that Earth Charter, exactly because of this is legally biding as jus gentium.
Well, there are, according to Buber, three ways of meeting between Me and Thou, a) humans and non-human nature, b) humans and humans and c) and Eternal. These meetings are the basis for the three forms of Justice mentioned in Earth Charter according to Bosselmann, respectively: (a) interspecies justice, b) intra-generational justice and c) intergenerational justice.
Although humans have obligations of Justice with the rest of nature, and, in this sense, the justice and the legal standards not only related to humans, the duties and the Pact are just among the latter. If the meeting between humans is the deepest because they use the language of dialogue, then this is a privileged location for the meeting. A Pact of international environmental law should use dialogue to promote the meeting.
A meeting when people can dialogue to find the solution of an aporia common to all interlocutors. The methodology used to formulate this solution in a manner acceptable to all is the dialectics (Aristotle). Dialectic not produces universally valid results, regardless of who speaks, but assumes the acceptability of its results based on assumptions accepted by interlocutors.
Thus, in terms of international law, it is understood that the real meeting between peoples only occurs with a Pact that present assumptions acceptable by all interlocutors. These premises must be content commitments with the interests of North and South, but by connecting them to justice and human rights (to health, work, housing, civil liberties, and of course a healthy environment. If these assumptions are acceptable, the findings of the argument, which will be duties of justice are also acceptable.
The Earth Charter establishing the duty of "5. Protect and restore the integrity of the Earth's ecological systems, with special concern for biological diversity and the natural processes that support the life" and "9. Eradicating poverty as an ethical imperative, social and environmental ", seems to embrace the assumptions necessary to produce the accession of all those involved (BOSSELMANN). In the environmental and ethical crisis affecting humanity nowadays, the assumptions used must be consistent with what is accepted (or acceptable) for all and that is not ideally, but actually.
In this sense, a Pact such as the Earth Charter, for its content, can be considered jus gentium, a form of law which derives is validity from human reason in dialectical debate, and therefore does not depend on a formal agreement between all those who are specifically affected by it. In time, it is expected that serious compliance of those participating in the Pact will serve as good reasons for those whom initially where out to also be a part of it.
Presentation
Included in
Otherness, Justice, and Jus gentium: The Legally Binding Value of the Earth Charter for the Protection of Human Rights
Room 205
This paper aims to find, in an international document, the Earth Charter, an example of a declaration of principles required to an international environmental law pact. It will be done based on Martin Buber’s dialogical principle. Also, it is intended to argue that Earth Charter, exactly because of this is legally biding as jus gentium.
Well, there are, according to Buber, three ways of meeting between Me and Thou, a) humans and non-human nature, b) humans and humans and c) and Eternal. These meetings are the basis for the three forms of Justice mentioned in Earth Charter according to Bosselmann, respectively: (a) interspecies justice, b) intra-generational justice and c) intergenerational justice.
Although humans have obligations of Justice with the rest of nature, and, in this sense, the justice and the legal standards not only related to humans, the duties and the Pact are just among the latter. If the meeting between humans is the deepest because they use the language of dialogue, then this is a privileged location for the meeting. A Pact of international environmental law should use dialogue to promote the meeting.
A meeting when people can dialogue to find the solution of an aporia common to all interlocutors. The methodology used to formulate this solution in a manner acceptable to all is the dialectics (Aristotle). Dialectic not produces universally valid results, regardless of who speaks, but assumes the acceptability of its results based on assumptions accepted by interlocutors.
Thus, in terms of international law, it is understood that the real meeting between peoples only occurs with a Pact that present assumptions acceptable by all interlocutors. These premises must be content commitments with the interests of North and South, but by connecting them to justice and human rights (to health, work, housing, civil liberties, and of course a healthy environment. If these assumptions are acceptable, the findings of the argument, which will be duties of justice are also acceptable.
The Earth Charter establishing the duty of "5. Protect and restore the integrity of the Earth's ecological systems, with special concern for biological diversity and the natural processes that support the life" and "9. Eradicating poverty as an ethical imperative, social and environmental ", seems to embrace the assumptions necessary to produce the accession of all those involved (BOSSELMANN). In the environmental and ethical crisis affecting humanity nowadays, the assumptions used must be consistent with what is accepted (or acceptable) for all and that is not ideally, but actually.
In this sense, a Pact such as the Earth Charter, for its content, can be considered jus gentium, a form of law which derives is validity from human reason in dialectical debate, and therefore does not depend on a formal agreement between all those who are specifically affected by it. In time, it is expected that serious compliance of those participating in the Pact will serve as good reasons for those whom initially where out to also be a part of it.