L’inadeguata percezione della scienza nel diritto internazionale dell’ambiente e l’esigenza di un cambiamento di paradigma

This paper poses the question of the general inadequacy of international environ- mental law to achieve its goals and posits that one major cause for such an inadequacy and lack of effectiveness lies in the fact that science and particularly hard sciences have traditionally been neglected in crafting environmental law rules. Environmental law has been using typical legal reasonings implying knowledge by the jurist of the issues to be disciplined, whereas in the environmental arena it is fundamental first to know, then to measure, and only ultimately to rule. The paper lists some examples on how this phenomenon has conditioned the evolution of environmental law, including some mistakes that have been made and are still made by policymakers and jurists in shaping environmental norms. It therefore advocates a complete change of perspectives and paradigms for a more efficient rule-making in our sector.