Authors
Laurence Azoux Bacrie
Published in
Journal international de bioethique et d'ethique des sciences. Volume 37. Issue 2. Pages 11-16.
Abstract
The text argues that the effectiveness of international environmental law, in the face of the climate emergency, requires the creation of accessible, binding and preventive remedies. It criticises the inadequacy of current mechanisms, which are overly dependent on the will of States and often lack effective enforcement. It proposes investing a supervisory authority capable of autonomous initiative, like the European Commission, and drawing inspiration from the European Committee of Social Rights’ model of collective complaints, which is more appropriate than belated individual litigation. This mechanism would allow for comprehensive oversight of public policies rather than a case-by-case approach to violations. The analysis emphasises that environmental protection can already be linked to the right to health (Article 11 of the Social Charter), while recalling the reluctance of states to accept binding procedures. At the national level, the author criticises the technicality and normative ambiguity of the French climate law of 22 August 2021, which weakens its scope. Finally, she warns against the primacy of ‘soft law’ and the lack of real justiciability, arguing that a credible climate policy requires precise obligations accompanied by effective sanctions.
PMID:
42392974
Bibliographic data and abstract were imported from PubMed on 03 Jul 2026.
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