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Earth Jurisprudence Lecture Series

The ‘Earth Jurisprudence’ (EJ) Lecture Series, introducing Earth Jurisprudence in Korea, is aimed at finding solutions to resolve the harmful consequences, which come from the current human-centered industrialization, and to implement an environment favorable to research and the fostering of new abilities. Since 2015, lecture series has been held four times a year in partnership with the Pro Bono Center of One Law Partners. This lecture series constitutes a training program for judicial officers, lawyers and law-students, and is accredited by the Korean Bar Association (KBA) and responsible for playing important roles in transforming governance-systems.

2021 EJ Lecture 4. Earth Ethics and Legal Ethics

2021-07-27
ㆍ
425

Session 4 “Earth Ethics and Legal Ethics”

1. The maturation of future generations

○ 2018 ~ 2019. Teenage-led climate change protests in Europe commenced in earnest with the 2003-born Greta Thunberg's school refusal. This initiative is directly related to the 'climate change lawsuit' as well.

In 2021, the German Federal Constitutional Court ruled, in response to a lawsuit filed by environmental organizations such as the youth climate action group 'Fridays for Future,' that "the federal government's climate protection law insufficiently specifies the contents for greenhouse gas reduction after 2030." 4. The Supreme Court ruled that certain provisions of the Climate Protection Act were unconstitutional.

○ A Dutch court recognized the government's responsibility for climate change for the first time in 2015, ruling that 'the government's failure to actively respond to climate change is a violation of human rights' in a case brought by the Dutch environmental foundation Urgenda Foundation.

○ 2019 5. 1. The United Kingdom's Parliament has declared a "climate emergency"; the climate crisis has arrived.

2. The worldwide legislative progression of the Rights of Nature

○ Constitution of Ecuador: 2008. Specified 'Rights of Nature'

○ New Zealand: 2017 Legislation granting rights to the 'Whanganui River' on New Zealand's North Island

○ Introduction to the shift from 'human rights' to 'Rights of Nature' (Cambridge University Press, 2016).

○ 2020. European Economic and Social Committee (EESC) released a study. This report examines the potential establishment of an EU Charter on the Rights of Nature.

○ In March 2021, the European Parliament released a series of research reports titled, Examining the Necessity of Implementing Rights of Nature in Europe.

○ On 3 March 2021, the French House of Representatives approved an amendment to Article 1 of the Constitution that includes the phrase 'fighting against climate change' - Article 1 of the Constitution: "The state guarantees the preservation of biodiversity and the environment and fights against climate change."

3. Subject Expansion, Transformation of Worldview and Economy - 'Ethics of the Servant' and 'Legal Ethics'

○ Expansion of global perspective and community topic, 'Biocracy' beyond 'democracy'

○ Land Ethic (Aldo Leopold): Respect for fellow human beings and for the community as a whole. The realm of history is the expansion of ethics, which is the basis of rights. Because minorities and women have historically been granted citizenship in the past. In addition, ethics derives from the "tendency of interdependent individuals or groups to develop cooperative methods," and the extension of ethics to the relationship between humans and the land, animals, and vegetation is a "ecological necessity" and "evolutionary possibility." lim. The land ethic is a philosophy that broadens the definition of community to include soil, water, vegetation, and animals.

○ Donut Economics: A "21st century economics model" that will replace the obsolete economics of the 20th century that no longer correspond to reality, breaking away from the economic model that was solely focused on economic development following the industrial revolution.

- We must prevent the lack of social foundations (water, food, energy, education, housing, etc.) that safeguard human dignity, as well as excessive desire-induced air pollution, climate change, and biodiversity loss. "The task of creating a new narrative (story)" and "cooperation to overcome the climate crisis" are of the utmost importance.

○ The function of attorneys in resolving ecological crises such as climate change and biodiversity loss

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People For Earth