Tiago Melo Cartaxo (New University of Lisbon, Faculty of Law) has posted Validity, Nature, and Future Generations: An Environmental Perspective of Legal Theory on SSRN. Here is the abstract:
Environmental law has been living a period of consolidation. However, the proliferation of legal sources became a burden for lawyers and judges. The problem of too much environmental law has generated duplication and conflicts between norms and regimes, scattered in several layers. It is rather debatable whether this increasing quantity of environmental law has really improved the state of the environment and fostered sustainable development and intergenerational justice. This essay aims to drag legal theorists and their perspectives to the field of environmental law, in order to improve regimes which are still undergoing the transition from youth to middle age.