A world court to safeguard the environment

By Armando Postiglione, Rome, and Alberto Ricci, Ravenna, ICP Newsletter, 4 October 1995

A new world environmental order was suggested three years ago at the Rio Earth Summit, not by the national governments, but on the contrary by thousands of non governmental organisations (cultural and scientific institutions spread all over the world), whom the former EC Commissioner for the Environment called, the justified and voluntary army.

The International Court of the Environment (ICE), created in Italy in 1988 by means of a promotion committee, was being presented like an NGO or observer among the governments present, whereas it could verify in two contexual lectures at the UNCED summit in Rio the political legal possibilities being proposed from this institution. For this reason the proposal to found the court that was made in Rio was a great success amongst world economic authorities. Afterwards the organising committee became aware of its responsibilities and it became important not just amongst the committee, but also in high level scientific and political support from Italy and other states.

The fourth international conference of the ICE foundation on the subject of Towards World Government of the Environment—held in Venice from June 2nd to 5th 1994 with the help of the city of Venice, the province of Veneto and the Italian National Research Council (CNR)—has confirmed the signed endorsements at Rio, on the need for an international governmental system to discuss environmental controversies, by means of mutual consent, to be used in all states in the implementation of sustainable environment on the planet.

Everything that contributes to the success of life on earth was affirmed ranging from the soil to water to the air that we breathe, which form a unicum, a huge interdependent system in a delicate and knotty balance, and whose safety should be verified on a global basis by means of a composition of regulations. These should be applied in practise, not just based on common consent, but on an appropriate and unequivocal acceptance from all nations (let us remember: Seveso (1978); Bophal (1985); Chernobyl (1988); Sandoz (1989); Haven and Exxon Valdez (1991). In this outlook surely the Venetian Conference has furnished a significant contribution to the build-up of an International Court of the Environment.

As regards to nature it is a fundamental right of every human being that a transnational office is set up today ruled by different countries to settle the solution by a world green body.

The main challenge before the 21st century ( i.e. the next five years!) is the pressing need to protect life’s sustainability on the planet: for this reason there should be a `Green Court , presented along the lines of the European Court of Human Rights in Strasbourg (France), or the International Court of Justice in The Hague (The Netherlands) regarding the War Crimes tribunal. It should not be merely another bureaucratic body within the United Nations.

Consequently it is necessary to point out some clear and basic norms in North/South relation of the planet said J.R. Regidor (Spain) from the Campagagna Norte/Sud NGO. Again the court will protect the generation to come. Hence the power of life.

In conclusion to this short article a World Court should be able to prevent and compensate for damage caused by industrial and manufacturing production as well as being a symbol of a welfare organisation. Nowadays national instruments are not enough to control the situation.

It is therefore time to start bringing ourselves around to thinking concretly about the direction of the conference held in the town of Logis. It has been a conclusive point in understanding the inevitability of, and a step in the setting up of, this court.