La costruzione di un nuovo “eco-sistema giuridico” attraverso i formanti giudiziale e forense

Building a new “legal eco-system” through judicial and lawyer’s formants

Abstract

Considering the damages and catastrophic events (the Covid pandemia among them) caused by the environmental and climate crisis, and under the pressure of social activism and scientists’ warnings, environmental law is going through a slow but very innovative process of revision of its foundations. Main changes are happening at all levels, national and international, and through all formants (Acts of Parliament, courts’ rulings, constitutional revisions, etc.). They involve the redefinition of some core legal concepts, such as the legal personhood of Nature, and the recognition of new climate rights. The article will focus in particular on the comparative analysis of some cases of climate justice, where a new right to a liveable climate is emerging. The objective is twofold. First, I will demonstrate the impact of judicial activism on the creation of a new eco-systemic law. Second and foremost, I will consider the role of environmental activism as a “lawyers’ formant”, by taking into consideration the systemic attempt of environmental movements all around the world, to use the same arguments in different climate cases, in order to produce a global result through “pre-judicial dialogue”. By taking up the role of plaintiffs, environmental activists do not limit their action to lobbying with decision-makers, but they are assuming an active role in the legal formants.