Nuovi principi eco-giuridici per un diritto antropocenico

New Eco-Legal Principles for an Anthropocene Law

Abstract

The article aims to investigate the contribution of doctrinal and jurisprudential elements in the development of Eco-Legal Principles for environmental protection. They constitute an essential element of a new Anthropocenic Legal Grammar, born out of the awareness of the anthropogenic nature of environmental crises and the consequent renewed dialogue between environmental law and the so-called exact sciences. If the principle of in dubio pro natura expresses the beginning of a biocentric shift towards new values in the shape of safeguarding life on earth, the emergence of resilience and biophilia principles marks the incorporation of some ecosystem functioning mechanisms into the realm of law. The analysis of the ecological foundation of the non-regression principle - as a trait d’union between emerging and new principles - allows for an expansion of the epistemological bases of Constitutional Environmental Law. The main research question in this work, robustly rooted in Comparative Law, focuses on the dialogue between Law and Ecology, as a trajectory of Environmental Law development fit for addressing the main innovative trends of Environmental Constitutionalism on a global scale.

Keywords: Eco-legal principles; Anthropocenic legal grammar; Non regression; In dubio pro natura; Resilience; Biophilia