Addressing the Planetary Boundaries beyond the State: Transnational Regional Approaches

This article investigates whether the multiple gaps in international environmental law are mainly due to the state-based focus, which has been unable to address transboundary and transnational ecological impacts. We conduct a comparative analysis of the main multilateral environmental agreements that directly tackle the hazards described in the Planetary Boundaries Framework to identify the key environmental impacts that states are required to address, how they do so, and ways to address the identified gaps. Some preliminary findings include the following. First, the impacts at stake in each planetary boundary are not all global, but their systematic and cumulative occurrence makes them a global challenge, such as plastic pollution or species extinction. Second, the number of treaties adopted does not seem to correlate with their effectiveness in preventing humanity from crossing these boundaries. Third, the responsibility of non-state actors driving global value chains has been identified, but there are still many challenges in holding them accountable. Fourth, given the previous gaps at the international and national levels, we explore whether the regional level is a good option to better prioritize actions and interregional negotiations that can more effectively protect the earth system. Fifth, we assess the case of the European Union because, so far, it leads the way in adopting regional, supranational, and transnational norms that seem to align with the Planetary Boundaries Framework. We conclude that a combination of international environmental law and transnational sustainability law can help address the risks of crossing the nine planetary boundaries. Since territorial jurisdiction has been a major obstacle in addressing the global ecological crisis, this combination of regimes may work better at the regional level.