Sustainable development in the rule of law
- By Fernando Alberto Calle Hayen
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E-mail China.org.cn, September 12, 2013
Private law and environment
The German jurists, some time ago, built within the civil law theory influence the emission and to understand these actions as an abuse of the law and, therefore, to be repressed behaviors such as limiting the right real domain.
It was the time that it was not known in the legal world the concept of environmental law and it did'nt even surfaced yet serious conflagrations of pollution and degradation, so the study of the problem was the spring of the classic law and civil law. The air pollution caused by fumes, gases, odors and / or stow particles expelled by the factories or industries are "intended" to solve the "high chimneys", that is dispersing the pollution, so that neighbors do not complain and adjacent to the offending company either.
In the second half of the twentieth century, and it occur on a massive scale (and its effects are international), severely damaging events such as acidification of Scandinavian lakes by rain of brimstone, the "death" of large areas of forests, Canada and Europe by air pollution, the weakening of the ozone layer, air pollution, climate change and global warming, and rising ocean levels.
Comparatively, what it is presented to the world today, at the beginning of the century, facing this problem?
1. The damage and the consequences are not only local, the problem is global.
2. The problem was generated by the fact of man today these human activities are framed within the context of industrial production. From the Industrial Revolution to the present day man has inflicted more damage to the earth that holds it all together our ancestors over the past 5 million years, it is estimated that emerged the first specimens of the genus homo.
3. Air pollution and degradation do not recognize or accept political boundaries, for them there is no sovereignty.
Globalization has not only been in the markets and the economy is so great conflagrations and environmental damage. Legal Colophon above must be, then, that the right to a healthy environment is no longer a "right putative" right without being bone within the fundamental rights and imposing as such within the human rights charter without discrimination.
But this requires the participation of all States, of an encircling movement, generally massive, imposing the general welfare of the community about the interests of the production and polluting industry and this should happen in the short term , otherwise, as Keynes said, "in the long run we are all dead ...", we would add: even nature!
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