The global landscape of environmental rule of law is undergoing a rapid metamorphosis, driven by a convergence of technological advancements, the profound impact of the COVID-19 pandemic, heightened public concerns regarding climate change, and the upsurge of movements advocating for racial and social justice. The recently published report by the UN Environment Programme (UNEP), titled “Environmental Rule of Law: Tracking Progress and Charting Future Directions,” offers a comprehensive evaluation of this evolution. By meticulously collecting and analyzing data from 193 UN Member States, the report illuminates prevalent aspects of environmental rule of law worldwide while tracking developments since the inaugural Global Report on Environmental Rule of Law in 2019.
RESHAPING ENVIRONMENTAL RULE OF LAW
The report underscores six pivotal findings that have surfaced over the past five years, outlining shifts in various dimensions:
Covid-19 Impact: The pandemic prompted approximately 46 countries to relax environmental regulations, amplifying virtual engagement while creating barriers for traditional civic involvement, especially impacting remote and vulnerable communities. Simultaneously, the justice system saw a shift toward transparency and accessibility through virtual platforms and online hearings, witnessed in countries like Ukraine, Türkiye, and Switzerland.
Rise of Environmental Rights: Notably, there has been an accelerated recognition and integration of environmental rights, including the right to a clean, healthy, and sustainable environment, acknowledged internationally by at least 159 countries. Additionally, discussions on rights for future generations and the rights of nature itself have gained traction in 30 countries. This movement also emphasizes the protection of environmental defenders and advocates for social and climate justice for Indigenous Peoples, women, and children.
Specialized Enforcement and Technological Advancements: Focus on specialized environmental enforcement has grown, reflected in the establishment of specialized courts in 67 countries and leveraging technology such as satellites, drones, AI, and citizen science to bolster environmental enforcement and policy-making. However, this surge in technological utilization has accentuated the need for safeguards to bridge the digital divide and protect rights.
Role of Women and Social Reckoning: Women have emerged as stalwart champions of environmental rule of law, often leading the frontlines of conservation despite enduring harassment and persecution. Moreover, the intersection between race and environmental enforcement, witnessed in protest movements across 4,000 cities globally, has played a pivotal role in introducing climate justice into the discourse of environmental rule of law.
RECOMMENDATIONS FOR FUTURE PROGRESS
The report culminates in four strategic recommendations aimed at steering the trajectory of environmental rule of law:
Standardized Tracking: Encourage the standardization and tracking of indicators to facilitate monitoring, identify challenges, and set priorities for governments, international bodies, and civil society.
Guidance in Emergencies: Develop guidance during emergencies, including conflicts and pandemics, to ensure effective response mechanisms.
Integrating Social Justice: Ensure that environmental institutions consider social justice by addressing disproportionate impacts on certain populations and mandating private entities and NGOs to integrate environmental justice into their practices.
Technology-Policy Interface: Establish a collaborative interface between the technology sector and environmental policymakers to harness the potential of technology while ensuring its ethical use and bridging the digital divide.
LOOKING AHEAD: AREAS FOR FURTHER EXPLORATION
Lastly, the report underscores critical areas necessitating further research, including the role of gender in environmental rule of law, its applicability beyond national jurisdictions, challenges posed by emerging technologies, and issues related to civil disobedience amid stagnant policies and worsening environmental crises.
