IMPACTUL SCHIMBĂRILOR CLIMATICE ASUPRA DREPTURILOR OMULUI. SPRE UN DREPT UMAN FUNDAMENTAL LA O CLIMĂ STABILĂ

The perception and consideration of global warming and of its consequences as an „existential
crisis” and the official proclamation – at the level of more and more states, of EU and within UNO – of
the climate emergency confer the character of major priority of the entire humanity to the concerns
aimed at mitigating the phenomenon, at limiting and adapting to its effects. The control of the
anthropic impact on the climate system and the effort to maintain its stability have involved the
intervention of law in various forms and different measures – public policies, constitutional provisions,
pertinent legislative provisions and relevant international treaties –, with legal force of soft law or of
firm normativity, within a world-wide governance, particularized regionally and nationally. An
increasingly significant aspect of this process becomes the consideration of the impact of climate
change on human rights and the relevant legal reaction of development of some appropriate
meanings, with structuring trends in the form of a new dimension, specific to the right to a protected,
healthy and ecologically balanced environment, the right to a stable climate and proper to the
maintaining of the planetary ecological balance, to preserving the condition of the human species
and favourable to the perpetuation of the civilization created by it. Initiated by the doctrine, the idea
was acquired and knows the first resonances in the case law, with more and more firm and adequate
echoes at regulatory level, finding ourselves at the moment of identifying and promoting the
appropriate solutions and the adequate ways to achieve that goal. The new fundamental (human)
right, individual and collective, of the present generations and especially of the future generations,
protecting their possibility to adapt to the pace and amplitude of climate change, is foreshadowed as
an indestructible component of the system of environmental rights, asserted in the last half century,
quasi-universally recognized – constitutionally, legislatively and internationally – and who know their
own dynamics.