The International Community

• Author: Franklin L. Kury
• Pages: 87-93

87

Chapter 10: The International

Community

The United States of America is one nation that shares the planet Ear th

with 192 other nations. Each of the 193 countries is independent and

sovereign wit hin it s territory.

ere is no governmental entity above them, like the United Nations, that

can require the 193 nations to act. To obtain a binding obligation from any

of the 193 countries requires their consent. ey must be persuaded.

To create a global legal framework to protect the environment of the earth

is thus a great challenge to the diplomacy of the world’s leaders.

Fortunately, the nations of the world have already provided a foundation

on which to build such a framework.

e right to a healthy environment as a matter of constitutional law enjoys

widespread legal recognition across the globe.1 e right to a healthy envi-

ronment has constitutional protection in 100 of the 193 nations.2

It is not practical or necessarily us eful to analyze each of the 100 constitu-

tional provisions and compare them to Article 1, Section 27, as was done for

each of the 50 states. e map on the next page provides a good idea of which

nations recognize the right to a healthy environment and which do not.3

In addition, a chart showing the lega l recognition of the right to a healthy envi-

ronment (or lack thereof) in each of the 193 nations is attached as Appendix V.

e chart was prepared by David R. Boyd of the University of British Columbia

and Special Rapporteur (Reporter) to the United Nations on human rights and

the environment. He is probably the leading expert in the world on the subject.

One nation’s example dramatically illustrates what the constitutional

right to a healthy environment can do.

e Philippine Constitution provides in Section 16:

e state shall protect a nd advance the right of the pe ople to a balanced and

healthy ecology in ac cord with the rhythm and harmony of nature.4

1. David R. Boyd, Catalyst for Change, in T H R   H E 17 (John

H. Knox & Ramin Pejan eds., New York: Cambridge University Press, 2018).

2. Id. at 18.

3. Map courtesy of D R. B, T E R R, A G S 

C, H R,   E 93 (Toronto: UBC Press, 2012).

4. P C., art. II, Declaration of Principles and State Policies, §16.