The impact of the Stockholm Declaration also manifested through a significant boost to the codification of environmental law at the national level. Many states introduced specific environmental protection provisions into their constitutions, often directly inspired by the principles proclaimed at Stockholm. This phenomenon of “constitutionalization” of environmental law represents one of the most significant developments in contemporary constitutionalism13. The path begun in Stockholm evolved through a series of key milestones that gradually transformed general principles into legally binding rules: the United Nations Conference on Environment and Development, held in Rio de Janeiro in 1992, adopted the Rio Declaration on Environment and Development, which elaborated and expanded upon the Stockholm principles by introducing concepts that would become central in contemporary environmental law14. Among these, particular importance is given to the principle of sustainable development (Principle 3)15, the precautionary principle (Principle 15)16, and the right of citizens to participate in environmental decision-making (Principle 10)17. The 1997 Kyoto Protocol marked a decisive shift from declarations of principle to specific, quantified legal obligations18. For the first time in the history of international law, a multilateral agreement imposed binding emission reduction targets on its State parties, also introducing flexibility mechanisms and compliance monitoring systems. The 2015 Paris Agreement represents the most recent and sophisticated evolution of international climate law19. The preamble of the Agreement explicitly recognizes “the importance of ensuring the integrity of all ecosystems, including oceans, forests, and the cryosphere, and the protection and promotion of human rights, the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities, and people in vulnerable situations.”20 This formulation marks the definitive integration between climate law and human rights. 13 Stockholm+50, “Judges, the Environmental Rule of Law and a Healthy Planet Since the 1972 Stockholm Declaration: Achievements, challenges and opportunities”, Side Event, 2 giugno 2022, disponibile su https:// www.stockholm50.global/events/judges-environmental-rule-law-and-healthy-planet-1972-stockholm-declarationachievements. 14 Declaration on Environment and Development, Rio de Janeiro, 14 giugno 1992, UN Doc. A/CONF.151/26. 15 Principle 3, Declaration on Environment and Development, cit. 16 Principle 15, Declaration on Environment and Development, cit. 17 Principle 10, Declaration on Environment and Development, cit. 18 Kyoto Protocol to the United Nations Framework Convention on Climate Change, 11 dicembre 1997 19 Paris Agreement, 12 dicembre 2015, available at https://unfccc.int/sites/default/files/english_paris_agreement.pdf 20 Preamble, Paris Agreement, cit. 131 THE RIGHT TO A HEALTHY ENVIRONMENT AS A FUNDAMENTAL RIGHT
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