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16 Italian J. Pub. L. 266 (2024)
Preserving Environmental Safeguards in the Anthropocene: Non-Regression among Environmental Law Principles and Its Implications

handle is hein.journals/itajpul16 and id is 271 raw text is: PECCHIOLI - PRESERVING ENVIRONMENTAL SAFEGUARDS PRESERVING ENVIRONMENTAL SAFEGUARDS IN THE AN- THROPOCENE: NON-REGRESSION AMONG ENVIRONMENTAL LAW PRINCIPLES AND ITS IMPLICATIONS Marta Pecchioli* Abstract The Anthropocene era, characterised by a significant human influ- ence 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 im- portance, challenges arise regarding its implementation and com- patibility 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 princi- ple 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 con- cerns about its impact on two founding principles of the EU and of all democratic systems, namely the rule of law and equality, argu- ing 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 en- vironmental 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. * PhD Candidate in Global History & Governance, Scuola Superiore Meridionale 266

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