Phase I: Genesis of the GPE (Nov. 2015 - June 2017)

• Author: Maria Antonia Tigre
• Pages: 1-30

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Chapter 1: Phase I: Genesis of the

GPE (Nov. 2015 – June 2017)

The Global Pact for the Environment is the most recent proposed solu-

tion to address gaps in international environmental law. It developed

in a rather unorthodox way, envisioned by academic scholars, who

entirely drafted a proposal before its launch at the United Nations. e Pact

was conceived by the Club des Juristes (CDJ),1 a French legal t hink tank that

provides an independent forum for debates and legal proposals. It responded

to a report published by the organization during the Paris c limate conference,

which identied ineciencies in international environmental law, suggesting

ways to address them. A “universal charter” was one of the recommended

solutions intended to improve the eciency of the global legal system. e

CDJ gained the support of the French Minister of Foreign Aairs Laurent

Fabius, who began pushing forward t he idea. A group of experts from around

the globe was then assembled, taske d with drafting the charter. Af ter months

of consultations, the experts gathered in Paris and launched the Global Pact

for the Environment in June 2017.

As an overarching a nd legally-binding proposed global agreement, the

Global Pact could potentially dene funda mental environmental rights for

humanity. It intends to harmonize international environmental law by den-

ing consolidated and emerging principles currently fragmented in a variety

of MEAs, in pa rticular in soft law declarations. e idea is to lay the ground-

work for international environmental law by providing fundamental corner-

stones through the codicat ion of principles. e codication would unify

treaties and provide essential lega l answers for substantive gaps in interna-

tional environmental law. e right to an ecologically sound environment

and the obligation of States and other legal persons to take care of the envi-

ronment form the pillars of the Global Pact.

is chapter focuses on Phase I of the development of the Global Pact,

entitled “Genesis of the Global Pact for the Environment,” and follows

its initial stage traced to the CDJ. Following a chronological order, it is

divided as follows. Section I provides an overview of the 2015 Report by

the CDJ, and presents the main arguments oered in support of a “uni-

1. L C  J, http://www.leclubdesjuristes.com/.

2 Gaps in International Environmental Law

versal environmental charter.” Section II focuses on the consultations with

a group of international environmental law experts, which gave rise to an

earlier draft of the Global Pact. Section III addresses a meeting held in June

2017, in which a smaller group of experts gathered in Paris to ha sh out the

nal details of the proposed draft, subsequently launching the proposed

agreement at the Sorbonne. Section IV contains a brief commentar y on the

GPE by Yann Aguila, one of the drafters a nd supporters of the Global Pact.

e draft Global Pact for the Environment, as presented in June 2017, is

reprinted at the end of this chapter.

Phase I is depicted in the timeline below.

Figure 1: Phase I Timeline “Genesis of the Global Pact

for the Environment” (Nov. 2015 – June 2017):

Nov. 2015

Report by the C DJ

Sep. – June 2017

Five rounds of con sultations

with experts

Jun e 2017

Paris Meet ing with experts

Launch of the G lobal Pact at

Sorbonne

I. November 2015: Report by the Club des Juristes

In November 2015, the Environment Committee of the CDJ released t he

report “Increasing the Eectiveness of International Environmental Law:

Duties of States, Rights of Individuals” on how to strengthen international

environmental law.2 e report was presented in the run up of the Confer-

ence of the Parties (COP) in Paris in December 2015, as world leaders were

working to reach an agreement on climate change. While the Environment

Committee welcomed a climate agreement, they warned that more legal

action was needed to safegua rd the environment from the current crisis. e

report cautions against a “ double failure” in i nternational environmental law:

failure in its development, and failure in its application.

2. Club des Juristes, Increasing the Eectiveness of International Environmental Law: Duties of States,

Rights of Individuals (2015).