ABSTRACT

We are far beyond the limitations of the planet and we have to face the simple fact that the approach that we had before to set up specific environmental legal texts is simply not working. It's not that we don't have the best or the proper regulation in the system but perhaps the problem is with the system itself. Clearly the current decision making structures and the structure of environmental law can manage certain externalities, as mentioned, and some effects of production and consumption – but it's not really challenging the basis of the problem. Forty years ago it was already on the table – do we create an overly complex un-understandable system of environmental law – or do we simply give rights to Nature?