Stiinta si ius in configurarea dreptului ecoclimatic.
Science and jus in configuring the eco-climatic law
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: Scientific facts; Precaution Principle; Institutional reaction; Scientoius; climatoius; European Union Action; A specialized diplomacy
Summary/Abstract: The relation between Science1 and Jus2 represents a major issue of developing the regulations of the environmental law in general and of configuring the law regarding the climate changes in particular. The new issues regarding the environment, the „survival”, such as climate changes, the ozone layer or the biodiversity condition, are defined by two distinct, but somehow complementary features: their increasing planetization and science-technicality. Indeed, taking into account the specific nature of its regulation object, the environmental law is by excellence a field depending more and more on the scientific and technical evolution. Both when drafting and when supervising the implementation of its provisions, it requires exact studies, the performance of which is assigned to specialists and experts. Also, the current environment-related problems impregnate all field of study: from exact sciences, continuing with social and humanist sciences, and up to philosophy. At its turn, law is also subject to this fundamental and radical movement of „making ecological” the human mind and, therefore, it is improved by new concepts, with strong ramifications outside itself and is becoming increasingly science-technical, due to the need of understanding, legal integration and proper reaction to the environmental risks, including the eco-climatic one. In the same time, there is a trend to great interior transformations, with profound implications for drafting, adopting and enforcing its norms, up to major evolutions of its nature. Thus, the link between the technical and scientific data and requirements and the norms of law became so tight so that a new category appeared, the scientojus, indispensable for understanding the specific nature of the entire eco-climate-related norms. The symbiosis between both areas of human knowledge with the expected results is imposed by the particular features and the exceptional importance of the field.
- Issue Year: 2010
- Issue No: 02
- Page Range: 31-50
- Page Count: 20
- Language: English