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A new legal discourse on the global hydro-climate management

Ympäristöjuridiikka 1/2009 s. 119–136
15.4.2009
Asiantuntija-artikkeli

The circumstances surrounding global heating and climate change call for the initiation of a new legal discourse. This requires a focus on the issues that are within as well as beyond the realm of State sovereignty, i.e. collective human rights and duties to ensure access to global common goods. It is argued that all causes and consequences of global heating must be acknowledged and dealt with from an integrated legal perspective. The constituent elements of hydro-climate law, i.e. global common subjects, objects, climate harm and compensation for the victims, need to be identified. It is suggested that States as well as sub-state entities should be held responsible for hydro-climate management, under which the principles of equity and unjust enrichment, together with equitable utilization and sustainable development, should be recognized. Appropriate inspection and fact-finding mechanisms also need to be developed and a third generational international court be established, recognizing the need for settlement of hydro-climate disputes through public interest litigation.

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