1) The Creation of an International Agency of the Environment
The creation of an International Environmental Agency aims to give a better management and a better control over the global environmental politics, for the speeding up and worsening of the ecological crisis.
The functions of the Agency shall be:
- to control and monitor the state of the environment on the planet;
- to promote and carry out research, also with the assistance of independent experts, research centers and universities, on the actual state of the environment on the planet and on the evolution of large terrestrial, marine and atmospheric ecosystems;
- to manage the World Environment Fund;
- to establish acceptable standards regarding polluting activities, which the single States may only make stricter;
- to promote any other useful initiative for environmental protection, including a vast world-wide educational campaign on the environment;
- to publish an Official Report once every three years on the ecological evolution once every three years on the ecological evolution of the planet.
- In view of “Rio+20” this project gained a political value, Governments would like to transform the UNEP in UNEO ( United Nations Environment Organization, point n° 99).
2) Creation of an International Court of the Environment
The idea is to guarantee the human right to the environment, a right that should be guaranteed to every citizen of the world.
In every Country there are already Courts that work with environment, but the effectiveness of their judgments is limited to the type and dimension of the disaster, that actually involves the entire planet ( see disasters like: Chernobyl, Fukushima, etc.).
Thus, an International Court of the Environment is needed, and it has to find its own ethical and juridical strength not in States but in individuals, cause they are the actual holder of a human and universal right. The traditional answer of Governments, that is tied to the territoriality principle, does not fit for the purpose.
The speeding up of the global ecological crisis go along with a parallel general rising awareness, which overcomes the traditional political, religious and social divisions, and demands UNO not “to mediate” but “to judge” in name of the entire human kind, at least for the most serious cases.
The International Court of the Environment is then a necessity, because a fundamental human right, as the environment, cannot stand without protection – according to appropriate and approved juridical rules – at international level.
ICEF suggests a common strategy: improving the number of promoting Committees and the setting up of a Committee in each Country, in order to put pressure altogether on their respective Governments.
The sovereignty of States and the positive role of national orders are not questioned, instead will be strengthened at a higher level of collaboration and by an international juridical order of the environment, that has not only rules but also organisms and tools able of real application.
In view of “Rio+20” this project of International Justice for the environment was acknowledged inside the recent political document of the European Parliament (Motion for a Resolution, 29 September 2011, point 101).
- for matters relating to international environmental crimes, the creation of an ad hoc International Environmental Court or the inclusion of these crimes within the competence of the already constituted International Crime Court;
- the promotion and support of an International Centre for the Prevention and Management of Environmental Conflicts, with proper technical and technological support;
- support and co-operation with national Governments, with the UN Agencies, the Council of Europe and the European Union for studies and research, and for operational projects, in virtue of the implementation of International Environmental Conventions, with special reference to the three Framework Conventions on Climate Change, biodiversity and desertification;
- collaboration in common initiatives with the scientific community and with the Supreme Courts of different Countries for identifying and monitoring, within their territory, cases of environmental damage for the purpose of their objective and proper description and their gradual restoration, in tune with the possible co-operation of companies interested in a truly sustainable model of development.