Brevi considerazioni intorno alle nuove frontiere in tema di global commons: sostenibilità dello sviluppo attraverso (meri) atti di soft law?

Abstract

This essay explores the existence of an inescapable relationship between sustainable development and soft law, with special regard to Resolution 66/288 adopted by the General Assembly of the United Nations as outcome of the UN Conference on Sustainable Development (held in Rio de Janeiro, Brazil, on June 20-22, 2012). It is based, on the one hand, on a brief analysis of the Resolution, seen in continuity with respect to previous acts within a more general process of “lawmaking” and, on the other hand, on the analysis of its legal nature. The latter shows that, despite the “soft” nature of the “commitments” set out by the Conference of Rio+20, their ability to fill those normative gaps still left to discretion of States is not affected, since they can potentially play a significant role in the definition of national policies. Moreover, it remains the responsibility of all States to implement these “commitments”, as a corollary of a more general duty of international cooperation, since the major issue at stake is the virtuous and integrated management of environmental sustainability where the environment rises to the status of a “global common”.