CLIMATE: NO ONE'S CONCERN, OR EVERYONE'S HERITAGE?
Rectory of the University of Porto
22 October 2024
On 25 October 2021, during the drafting phase of the Climate Framework Law (LBC), a debate on the legal status of the climate took place in the Main Hall of the Rectorate of the University of Porto. The aim of this discussion was to explore the possibility of introducing into the new Law the objective of recognising a "Stable Climate" as a Common Heritage of Humanity. This would be the first step towards initiating an international process to evolve the current status of climate change as a "Common Concern of Humanity," which remains the legal framework of the Paris Agreement.
On 5 November, the LBC was approved; it was published on 31 December 2021 and came into force on 1 February 2022. The goal was achieved: subparagraph f) of Article 15 enshrined Portugal's obligation to promote the recognition of a Stable Climate as a Common Heritage of Humanity within the United Nations.
This innovative objective made Portugal the first country in the world to legally recognise the planet's functional aspect as independent from territorial considerations, highlighting the absolute need to distinguish territorial sovereignty from the planet's functional aspect, which is materially and legally indivisible – a necessity also identified by the International Law Commission. This development opens the door to a legal solution that enables the restoration of the climate system. This issue is already being discussed, in its initial phase, within the Community of Portuguese-Speaking Countries (CPLP), which, in the Lubango Declaration, Article 13, urges the promotion of a debate among Member States on their perceptions of the theme "Stable Climate as a Common Heritage of Humanity."
Despite all this, it remains a marginal issue in national debate and public policy. Following the launch of the video "Climate: No One's Concern, or Everyone's Heritage?" at the Embassy of Portugal in Brasília, the aim is to resume this discussion, review the progress made, and define strategies in light of developments across the Atlantic.
On 5 November, the LBC was approved; it was published on 31 December 2021 and came into force on 1 February 2022. The goal was achieved: subparagraph f) of Article 15 enshrined Portugal's obligation to promote the recognition of a Stable Climate as a Common Heritage of Humanity within the United Nations.
This innovative objective made Portugal the first country in the world to legally recognise the planet's functional aspect as independent from territorial considerations, highlighting the absolute need to distinguish territorial sovereignty from the planet's functional aspect, which is materially and legally indivisible – a necessity also identified by the International Law Commission. This development opens the door to a legal solution that enables the restoration of the climate system. This issue is already being discussed, in its initial phase, within the Community of Portuguese-Speaking Countries (CPLP), which, in the Lubango Declaration, Article 13, urges the promotion of a debate among Member States on their perceptions of the theme "Stable Climate as a Common Heritage of Humanity."
Despite all this, it remains a marginal issue in national debate and public policy. Following the launch of the video "Climate: No One's Concern, or Everyone's Heritage?" at the Embassy of Portugal in Brasília, the aim is to resume this discussion, review the progress made, and define strategies in light of developments across the Atlantic.
