Toward a Constitution for Planetary Health

Abstract

<p>Humanity confronts intertwined crises of climate change, biodiversity loss, and pollution, demanding equitable stewardship of air, water, and soil. This paper envisions law as a dynamic instrument to forge interconnected institutions safeguarding Earth's vitality. Historically, from England's 1217 Charter of the Forest, affirming communal access to nature, to the 1972 Stockholm Declaration and the International Court of Justice's July 2025 advisory opinion affirming the right to a healthy environment (enshrined in 161 national constitutions), law has evolved to link human rights with ecological integrity.Yet international regimes remain fragmented: UNFCCC addresses climate, CBD biodiversity, and WHO human health, often overlooking interconnections like pollution-driven diseases. A rights-based planetary health law harmonises the human right to a sustainable environment with Nature's rights: as in Ecuador's Pachamama or New Zealand's Whanganui River, embracing precaution, prevention, and differentiated responsibilities.Institutional innovation beckons: a Planetary Health Organisation merging WHO and UNEP for unified treaties; a Planetary Health Tribunal for disputes; and a Framework Convention embedding planetary duties. In the Anthropocene, such reforms reframe governance, positioning humanity as Earth's custodian, not conqueror.</p>