Climate Emergency and The Autonomous Protection of Nature

Abstract

This article, through bibliographical research, documentary analysis and hermeneutics approach, aims to highlight the problem of climate emergency and to conduct a dialogue between Climate Law and the Rights of Nature, to highlight that there is interdependence between the integrity of the Climate System and the Ecological Integrity, and that both, in reality, aim at a life in balance (ecological balance), in harmony with Nature and with intergenerational concern. The autonomous protection of Nature (jus cogens) prescribes the need for production, development and consumption models to be disconnected from environmental degradation. Finally, the conclusion is that the principle of harmony with Nature is the enunciation of every environmental, ecological or climatic rule and stems from the autonomous protection of Nature. It is a holistic and transversal principle, which promotes the greening of all Law, including, therefore, Climate Law and the duty to protect the integrity of the Climate System.