PRESERVING ENVIRONMENTAL SAFEGUARDS IN THE ANTHROPOCENE: NON-REGRESSION AMONG ENVIRONMENTAL LAW PRINCIPLES AND ITS IMPLICATIONS

Marta Pecchioli

The Anthropocene era, characterised by a significant human influence on the Earth’s environment, calls for urgent legal responses to counter ecological degradation. This paper discusses the principle of non-regression within environmental law as an innovative means to combat climate change and preserve the well-being of all living species. The principle requires that existing legal guarantees for the protection of the environment should not be diminished over time and, where possible, should be improved. Despite its importance, challenges arise regarding its implementation and compatibility with other legal principles. The analysis explores first the evolution of environmental law principles, the challenges they pose and the intersection between environmental law and human rights. Secondly, it moves on to investigate the proliferation of the principle of non-regression at the international and European levels. It states that such principle is gaining ground, even in the absence of its explicit recognition in legal sources. Finally, it addresses concerns about its impact on two founding principles of the EU and of all democratic systems, namely the rule of law and equality, arguing that they are unjustified. Ultimately, the study emphasises that, although challenges persist, the principle of non-regression is less problematic than it seems and an important tool for reshaping environmental law in the age of the Anthropocene. In order to ensure its effectiveness, it is necessary to change the way environmental protection laws are viewed, shaped and implemented.

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