Introduction

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   Since ancient time the ambitious politicians of great powers were concerning how to govern the world, in which way to achieve the world domination. The collapses of many once powerful empires, however, eloquently demonstrate the utopianism of the concept of historically continuous world domination of either ideology or either state.  Sooner or later the claimants for the world governance will crash. The only ideology which will exist as long as the life will exist on the Earth – the ideology of ecological imperative or ecological limitations of economic growth.
      Such postulate became especially coherent at the end of the twentieth century, when the global situation has been drastically changed. Politicians and nations have been challenged by essentially new problem – the necessity to manage the integral and interconnected Earth Ecosystem towards environment protection and sustainable development.
      The world action program – the Agenda-21 has been adopted  at the United Nations Conference on Environment and Development in Rio de Janeiro, 1992. It could be argued today, from the stand of decade passed after the Rio-92, that the topmost achievement of this unprecedented world summit has been the origination of recruit process among all social groups of the world population for wide participation in resolving global problems on protection of the integral Earth Ecosystem and sustainable development.
      There are many statements in the world literature arguing that the resolutions, adopted by 179 states at the Rio-92 Conference, are able to change our life in the twenty first century. These resolutions are really radical and mainly free from conjuncture. They reflect the cruel realities of contemporary stage in the world history, which are linked to the challenge: may or not the present generation survive at the Earth.
      However, there aren’t visible positive changes even today, in 2002, a few months before the WSSD. Implementation of the program for economically and socially sustained and ecologically secure development, declared by the Rio-92 Summit (Agenda-21), is going unsatisfactorily.
      It means that  some strong additional impetus should be applied. In our opinion such impetus might appear if the world community would be able to perceive the idea of establishing the World Ecological Constitution (WEC) and the necessity of its urgent development and adoption. In other case the expectations based on the Rio-92 resolutions will not be actualized. So the WSSD could correct the situation only in that case if the participating states would recognize the expediency of the idea of establishing the WEC and adopt the necessary resolutions on this issue (Declaration, the draft of which is presented in chapter 3.5.3), as well as the appropriate Resolution on establishing the international ad hoc commission for drafting the WEC.
      It is deemed that the Rio-92 Summit has become, in some respects, the first international experiment on democratization of the intergovernmental processes of decision making. In principle, one could agree with such rating, but with an admonition, that the results of this experiment could not satisfy us. All of us, people of the Earth, today, as never before, are interconnected by common fate and cardinal problem of surviving.
      The solution of this problem should be searched both at the national and international levels. The humanity is gradually realizing that international organizations and national governments should become more and more accountable to the world community, react to its thoughts and aspirations.
      The world movement towards sustainable development would be really successful as long as wide range of different social groups and national governments take part in decision making and implementation of the Agenda-21 at national and international levels. Thus, in our opinion, it is very important to develop and adopt the global legal act of legally binding (jus cogens) status, as well as to harmonize national legislation and multilateral and bilateral international agreements on environment protection with requirements of the WEC. In other case it is impossible to move towards sustainable development.
      The following postulate has become avowed: natural environment, ecological requirements and social and economic development could not be considered separately. States should ensure their policy building and decision making with an eye to ecological effects of social and economic development, its impact on environment and vice versa.
      Up to now the implementation of the Agenda-21 is going unsatisfactorily, no matter that it has been adopted on the basis of joint agreement of 179 states and that this program of global cooperation is directed toward harmonic achievement of, at least, four vital goals, namely: high quality of natural environment, high standard of health, eradication of poverty and development of effective economies for all people in the world. We should deeply think over the inadequate implementation of the Rio-92 resolutions, which have been adopted on the basis of consensus by almost all countries of the world.
      One could logically assume that the main cause of such situation is, obviously, non-legally binding (not obligatory) nature of the Rio-92 documents. It could be surely argued that the Rio-process will be slowing down in future if its basic documents would not get a stronger legal status, in other words, if they would not be translated to legal language. It means the necessity to elaborate the global legal act – the World Ecological Constitution, on the basis of the UNCED Rio-92 resolutions and other internationally recognized documents on environment and development.
      In the second part of the twentieth century the humanity has begun to realize that healthy society and strong economy are impossible along with the total degradation of natural environment and natural resources depletion as well as along with the poverty, inherent to the most countries of the world. It is clear that economic development could not be stopped, however it should move in essentially distinct way, without destruction of natural environment. At the beginning of the twenty first century it is becoming necessary, as never before, to reinforce this perception by the document of legally binding status.
      We believe that only after establishment of the WEC and its control bodies it would be possible to expect that mankind’s aspiration towards sustainable development on the basis of integration of economic concerns and ecological imperatives would be gradually realizing in concrete deals. The long-expected radical changes will be going at all hierarchical stages of economic activity governance.
      Different concrete versions of approaches to above mentioned problem are emerging from the cogent postulate about the necessity to manage the Global Earth Ecosystem with an aim of life preservation and sustainable development.
      One might propose, say, the creation of the World Government; such concept has been already discussed in the foreign literature, but it is utopian. The idea to establish the World Government is impossible and inadvisable. It would violate the right of each country for national sovereignty.
      I connection with  a contemporary globalization it seems to be reasonable to develop and adopt the World Economic Constitution. However it is impossible to implement such idea, regardless of especial activity of globalization processes. The document of such kind would bear the elements of discrimination towards market economy and free competition.
      It is likely to apply other versions of this problem resolving, namely to manage the Global Earth Ecosystem with an aim of its preservation. In our opinion the most real and fruitful of them could be the elaboration and adoption of the World Ecological Constitution or, as we call it in this publication, the Ecological Constitution of the Earth. All countries of the world could agree with such version after long lasting expository activity, since the WEC doesn’t threat the sovereignty of any country, doesn’t affect the national economic interests, freedom of conscience and church and doesn’t deny any ideology, with an exception of anti-ecological one. The WEC would antagonize the destruction of natural living space, which has been recognized as commonweal of all nations.
      Thus, the elaboration of the WEC should be treated as an objective necessity, that has been testified by the analyses of the Rio-92 resolutions failure. This document should serve as the main legal act for environment protection and sustainable development.
      The sooner humankind will realize the necessity to elaborate the World Ecological Constitution, the main law for surviving and sustainable development, the better chance it would have to avert the ecological threats, to protect the integral Earth Ecosystem and to maintain the life on the planet.
      We were thinking about the World Ecological Constitution as a rescue for humanity both before and after the Rio-92 Conference. We were developing the idea of its elaboration both before and after the Rio+5 Summit in 1997. We are troubling and working on it today, in 2002, before the Rio+10 Summit.
      During all these years we were ceaselessly believing that once people will understand the essence of the idea, and, as a result, they will elaborate and embrace the World Ecological Constitution.
We are afraid of one thing only, lest this understanding will arrive too late
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Yuriy Tunytsya

WORLD ECOLOGICAL CONSTITUTION

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© 2002 Lviv

Ukrainian State University of Forestry and Wood Technology