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28 J. Juris 431 (2015)
Timely and Necessary: Ecocide Law as Urgent and Emerging

handle is hein.journals/jnljur28 and id is 67 raw text is: THE JOURNAL JURISPRUDENCE TIMELY AND NECESSARY: ECOCIDE LAW AS URGENT AND EMERGING. Bronwyn Lay, PhD, European Graduate School Laurent Neyret, Professor of Law, University of Versailles Damien Short, Reader of Human Rights, Director Human Rights Consortium, University of London Michael Urs Baumgartner, MSW, Greenpeace, Switzerland Antonio A. Oposa Jr, International Visiting Professor, University of Hawai'i INTRODUCTION: This paper explores an international law of ecocide, which at its simplest is the mass damage and destruction of the environment resulting from human action. The renowned Indian jurist M.C. Mehta stated in the recently released Oslo Principles on Global Climate Change Obligations the following guide for those engaged in legal processes: When our legal systems become overly technical and convoluted they can stray too far from reality. Lawyers and the courts must see to it that their interpretations of the law adhere to reality as closely as possible. Otherwise legal systems become rudderless and stray, from that single trajectory, which must be towards justice, into technicalities.' While technical complexity and political questions have become increasingly understood as law, our current ecological crisis asks profound legal questions and for the re- emergence of legal reasoning, rather than technical translation. This paper will focus on the deeper, increasingly ignored, role of law to use reason and judgement in interpreting and guiding the major issues of our times and briefly justifies why a law of ecocide is a legal imperative. I http://www.yale.edu/macmillan/globaljusfice/Oslo%2OPrinciples.pdf (2015) J. Juris. 431

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