Environmental law is always changing. Klaus Bosselmann, a professor emeritus at the University of Auckland, shared a significant moment in his 2024 paper, “Saving the Earth for Future Generations: Some Reflections.” In 2016, nearly 100 environmental law professors adopted a manifesto called the ‘Oslo Manifesto’ at a conference in Norway. This document led to the founding of the Ecological Law and Governance Association (ELGA) in 2017, a network focused on changing laws for the betterment of the planet.
In our current legal system, Earth lacks significance and protection, despite the visible threats to our atmosphere, oceans, and global biodiversity. Negotiations between states have often failed, which is why we must rethink how we view our responsibilities. Instead of just political compromises, we need states to act as trustees of their own ecological systems.
Dr. Bosselmann paints a clear picture of ecological law, highlighting two key agreements: the Earth Charter and the Hague Principles. Ecological law aims to assess and protect the health of our ecosystems while recognizing the interconnectedness of life. It anticipates problems to take proactive measures.
The rights of nature movement is pivotal in challenging the current focus on human needs over nature’s. This shift might protect vital parts of our ecosystems while we work toward broader changes in legal frameworks.
Ecology provides valuable insights for law, with milestones like the “planetary boundaries” framework. Introduced in 2009 by 28 prominent scientists led by Johan Rockström, this model helps us understand how human activities impact Earth’s systems. It sets limits on nine global change processes, including climate change and ocean acidification. As of 2023, six of these boundaries have already been breached, underscoring the urgency for collective action.
Another significant concept is earth systems science, which studies how various elements of our planet interact. For instance, scientists from Stanford University’s Doerr School of Sustainability emphasize the need for an integrated understanding of these components, which could enhance our approach to environmental issues.
The “global commons” idea has resurfaced, emphasizing resources not owned by any nation—like the atmosphere and oceans. These vital areas are now under threat, prompting initiatives like the Global Commons Alliance to protect them.
The legal responsibility to safeguard our planet has gained momentum, especially after the International Court of Justice’s advisory opinion on July 23, 2025. UN Secretary-General António Guterres called this a victory for our planet, marking a momentous step toward ecocentric laws. The advisory clarified that states must actively prevent harm to the climate, with potential legal consequences for inaction.
- Nations now have concrete climate obligations that are enforceable.
- They must design effective climate plans to support vulnerable communities.
- The era of climate impunity is over; formerly marginalized communities can now seek justice.
This ruling positioned a clean and sustainable environment as essential for many human rights. It emphasized that every nation is connected through environmental issues, regardless of borders or political agendas. Facing climate challenges requires collaboration across countries.
In summary, our efforts to protect the planet demand a shift in how we think about law and governance. It’s imperative that we work together to restore Earth while we still can.
This article was produced by Earth | Food | Life, a project of the Independent Media Institute, with research support from Meghan Grady.
