Practical analysis : how acting through law ?

In order to understand the purpose of a Global Pact for the Environment, it will be necessary to sum up briefly the different speeches that took place this day. The high international recognition of the speakers may strengthen the value and the influence of the project. Next, the content and the scope of the text will be highlighted. Finally, the interview of judges from different countries helps to get the benefit of such a text.

Arnold Schwarzenegger's speech confirms the gap between president Trump’s decision to deny Paris’ Agreement and the choice of civil society. He claims “The United States is not just one man”. For the former Governor of California, being a Republican does not prevent to fight against climate change. For him “you cannot be conservative with climate change”. In that way he reminds the investments he made for renewables during his tenure.

In the same direction, Ban Ki-Moon, the former UN Secretary-General reminded the importance of a global commitment in Paris’ Agreement. For him, that kind of sustainable investments permit to save large amounts of money on oil purchase.

President Macron presented the main directions of his environmental program. He stated that he was “committed to taking action for the effective implementation of the Global Pact.

The project, work of 80 experts, was presented by Yann Aguila, member of the Council of State (Conseil d’Etat), contains a preamble and 26 articles. The main interest of the text is that it proclaims at the same time environmental rights and duties. If the environmental liability of States is confirmed, the role of the civil society is also part of the considerations. This innovative project is intended to be compulsory, with the value of a Treaty.

Finally, L. Boisson de Chazournes reunited the judges Kumar (India), Benjamin (Brasil) and Lavrysen (Belgium) and asked them what is the interest of such a Treaty. All of them find that the text will allow to strengthen environmental liability and will lead to an effective protection of the environment, helped with the compulsory nature of the text and the recognition of a real access to justice.

This project seems to be welcome and its launch let us optimistic for its integration in the law of many countries.
However, we noticed that the absence of sanction mechanism could lead to weaken the effectiveness of the future Treaty.