I want to thank my father Augusto Adolfo Calzadilla and Pedro Luis Perez-Burelli, for their unconditional and direct support, as well as my tutor, Prof. Ishita Sharma, for her guidance during this process of writing my thesis and to dedicate this thesis to my grandmother Regina may she rest in peace, I know she would be proud of me, as well as my mother Isabel who is always there to give me support when I need it most.
Table of content
|Acknowledgments and dedication
|Table of content
|Table of content
|CHAPTER I: THE PROBLEM
|1.1. Introduction to the problem
|1.2. Objectives of the investigation 1.2.1. General objective
|1.2.1. General objective
|1.2.2. Specific objectives
|1.3. Methodology of the investigation
|CHAPTER II: CHALLENGES TOWARDS CHANGE
|2.1. The evolution of monetary support (synthesis)
|2.2. Technology as an addition to the economy
|2.3. Artificial intelligence
|2.4. Monetary masses and patterns of monetary support
|2.4.1. Substitute pattern
|CHAPTER III: LEGAL CHALLENGES
|3.2. The necessity of the Law Application of the main treaties in protection of environment and fauna
|3.3. Main policies for the protection of environment in developing countries
|3.4. The necessity of the Law
|3.5. CAUSES FOR REDEFINING THE ECONOMY FOR THE ISSUANCE OF MONEY
|3.5.2. Forestall reserves 3.5.3. Animals in danger of extinction
|3.5.3. Animals in danger of extinction
|3.5.4. Natural resources
|3.5.5. Toxic patterns of reference
|Chapter IV: Constitutional review and particular cases for legal support on the proposal
|4.1. ECONOMIC FREEDOM AS A PRINCIPLE OF LIBERALISM
|4.2. CONSTITUTIONAL PROMOTION BEFORE ARTIFICIAL INTELLIGENCE
|4.3. CASES TO JUSTIFY THE PROTECTION OF THE ENVIROMENT
|CHAPTER V: Proposal for an ecological crypto asset
|5.2. Statement of reasons
|RELEVANT CONCLUSIONS OF THE INVESTIGATION
Agricultural expansion: The conversion of nonagricultural lands to agricultural lands.
Artificial intelligence: The ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings.
Automation: Is the creation and application of technologies to produce and deliver goods and services with minimal human intervention. The implementation of automation technologies, techniques and processes improve the efficiency, reliability, and/or speed of many tasks that were previously performed by humans.
Biodiversity: Is most commonly defined as the variability among living organisms from all sources including taxonomic, phylogenetic, and functional diversity and the ecological complexes of which they are part.
Blockchain: Is essentially a distributed database of records or public ledger of all transactions or digital events that have been executed and shared among participating parties.
BRICS: Is an acronym for the powerful grouping of the world’s leading emerging market economies, namely Brazil, Russia, India, China and South Africa.
Climate change: Is a change which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and an addition to natural climate variability observed over comparable time periods. The United Nations Framework Convention on Climate Change (UNFCC)
Constitutional guarantees: A constitutional guarantee is a promise made by the state´s Constitution that establishes a right that cannot be taken away; It is a protection that is built into the Constitution to ensure that everyone is treated fairly and equally under the law.
Coordinated extraction of natural resources: Is a term used to describe the strategic and cooperative approach used by several stakeholders, including governments, to manage and utilize natural resources.
Constitutional Pentateuch: This new concept is born with the process of investigation and interpretation; The Pentateuch are the first five books of the bible, with the investigation the concept of constitutional Pentateuch is born, since they are the five primary guarantees for the preservation of the environment and living beings.
Cryptocurrencies: It refers to a type of digital asset that uses distributed ledger, or blockchain technology to enable a secure transaction.
De-dollarization: Is the process of reducing the dominance of the US dollar in global trade and financing activities. Recent data shows that other currencies are gaining ground, and the US economy is no longer the alpha currency it once was.
Economic growth: The process by which a nation’s wealth increases over time. Although the term is often used in discussions of short-term economic performance, in the context of economic theory it generally refers to an increase in wealth over an extended period.
Globalization: Is the word used to describe the growing interdependence of the world’s economies, cultures, and populations, brought about by cross-border trade in goods and services, technology, and flows of investment, people, and information.
Green Technologies: Green technology is an umbrella term that describes the use of technology and science to create products and services that are environmentally friendly.
Government policies: Is a set of decisions by governments and other political actors to influence, change, or frame a problem or issue that has been recognized as in the political realm by policy makers and/or the wider public.
Illegal deforestation: Is the harvesting of timber in contravention of the laws and regulations of the country of harvest. It is a global problem with significant negative economic, environmental and social impact.
Inflation: In economics, collective increases in the supply of money, in money incomes, or in prices. Inflation is generally thought of as an inordinate rise in the general level of prices.
MERCOSUR: The Southern Common Market, a regional integration process in South America.
Monometalism: The use of a metal only, as gold or silver, as a monetary standard.
NAFTA: North American Free Trade Agreement
Securities: Encompasses certain financial terms, such as bonds, shares or funds; These have four main characteristics, the first is the investment of money; The second is an investment that is pooled with other resources; the third is that a return is expected and the fourth is that the success of that investment depends on the work of third parties.
Symbiosis: Any of several living arrangements between members of two different species, both positive (beneficial) and negative (unfavorable to harmful) associations are therefore included, and the members are called symbionts.
Urbanization: Refers to the concentration of human populations into discrete areas. This concentration leads to the transformation of land for residential, commercial, industrial and transportation purposes.
Wetlands: Are areas where water covers the soil, or is present either at or near the surface of the soil all year or for varying periods of time during the year, including during the growing season.
Since the beginning of time, the trade of physical goods was something necessary for the development of the human being, it all started in remote times when the barter system was implemented, in which different physical goods were exchanged between human beings, gradually this concept evolved, where the human being implemented in society mechanisms such as currency, paper money, and cryptocurrencies, as a means of facilitating trade between people and countries of the world.
Thanks to the evolution of the human being, the concept of globalization was created, which refers to the growing integration of economies around the world, especially through trade and financial flows, a process beyond an ideology is considered an irreversible process, whose main objectives are economic, political and social expansion, improving commercial and technological exchange between countries, facilitating trade between them. The main problem with this concept is the alliances that are created between the different states, thus causing the most developed countries to create alliances for the creation of a single type of currency that supports them, a clear example, is the Euro. Which could generate a situation in which less developed countries could be harmed by the alliances of the big economies, which could generate a type of discriminatory environment between economies and lead to a “war” between different monetary masses of different states around the world.
If it is true that every change brings its benefits, as well as its consequences, it is currently a reality that countries normally seek to strengthen and back their currencies with gold reserves, since the beginning of time it has always been the metal more valuable. The problem with this is that gold extraction procedures are extremely harmful to humanity’s true most valuable asset, the environment, consequently, the more gold countries extract, the more percentage of damage this asset is suffering.
The objective of this research is to suppress the «wars» between the monetary masses, with the replacement of the support pattern (Gold) that supports the different economies of the world with the creation of a new environmental pattern (ecological crypto asset). The objective of such environmental pattern is the protection of supreme resources that are directly linked to the benefit of humanity, which guarantee the protection of fauna, flora and forest reserves, as a result, resources such as water or air will be in optimal conditions, these are protected by treaties international and constitutions; Fulfilling the objective of avoiding discrimination and disadvantage towards developing countries.
- INTRODUCTION TO THE PROBLEM
The human being is a species that has always sought its evolution towards its best version, with the orientation of making its day to day simpler. A clear example is the evolution of the monetary system, where the human being implemented in society mechanisms such as currency, paper money, the Swift system for the mobilization of capital, and cryptocurrencies, all to facilitate trade between people and countries of the world. But sometimes human beings do not realize the implications and consequences that a specific evolution can have for their society, a side effect on the entire ecosystem.
One of the greatest discoveries of the human being as a society was the implementation of the concept of globalization, which beyond an ideology is considered an irreversible process, whose main objectives are economic, political and social expansion, improving commercial and technological exchange between countries, facilitating trade between them.
The human being took a step and was able to see beyond the borders, venturing to discover new cultures and possibilities outside his country of origin. Continuing in the line of monetary systems, it is clear that, thanks to the concept of globalization and the need for evolution, the human being finds himself with a growing need for integration of economies around the world, especially through commercial and financial flows.
This process of globalization of monetary systems encourages the processes of alliances that are created between the different States of the world, a clear example, the European Union or BRICS, where the largest or most powerful governments come together to create a single type of currency that sustains them. This type of alliances creates a situation in which the less developed countries could be harmed by the alliances of the large economies, generating a discriminatory environment between the economies leading the different States to a type of permanent conflict translated into a «War» between different monetary masses of different States around the world.
At the moment, it is a truth that various countries throughout the world want to maintain their economies and strengthen their currencies in the traditional way by holding gold reserves, which has always been the most valuable metal since the beginning of time.
The problem is that gold extraction procedures are extremely harmful to the environment, even when modern mineral mining technologies are used, with no regard for the preservation of humanity’s true most valuable asset, the environment. As a result, the more gold countries extract, the greater percentage of damage this environmental asset suffers.
- OBJECTIVES OF THE INVESTIGATION
- GENERAL OBJECTIVE
- Suppress the «WARS» between the monetary masses, with the replacement of the support pattern (Gold) that sustains the different economies of the world with the creation of a new environmental pattern (ecological crypto asset).
- SPECIFIC OBJECTIVES
- Evaluate the possible legal challenges that arise, through the analysis and direct application of international conventions and constitutions of developing countries.
- Determine the possibility of complementing two or more constitutional guarantees, economic freedom, environmental protection, life, health, and technology.
- Eradication of the war conflict of the monetary masses.
- METHODOLOGY OF THE INVESTIGATION
Based on a qualitative literature review methodology, which can be described as a method for comparing findings from qualitative studies (Grant & Booth, 2009). This research will help to understand the possible legal challenges, in terms of the correct interpretation and application of constitutional guarantees, as well as a higher level of understanding of the problem that wars between monetary masses entail, offering the possibility of a solution towards the themselves, as well as complementing the analysis to provide a proposal for an ecological cryptoactive system to replace the traditional gold standard as support for the issuance of money.
Chapter II: Challenges towards change
2.1. THE EVOLUTION OF MONETARY SUPPORT (SYNTHESIS)
As stated previously, evolution is a fundamental factor that characterizes the human being; Throughout history, monetary support has been adapted in different ways by different civilizations and economic systems; The way in which this monetary support evolved was as follows:
- Barter: This was the first method implemented by the human being, which consisted in the direct exchange of one object for another.
- Metal coins: This is considered the first form of what we know today as money, first seen in Mesopotamia, approximately 4,000 years ago, where silver or gold coins were exchanged for goods.
- Paper Money: Paper money was first implemented in China in the 7th century, where the first government-backed paper notes were issued to facilitate trade.
- Gold standard: During the nineteenth and early twentieth centuries, several nations adopted the gold standard as their monetary system. This meant that the value of the currency was supported by a particular quantity of gold held in each state’s reserves.
- Fiat currencies: Countries began to use fiat currencies in the twentieth century. These currencies do not have a physical backing, such as gold, but their value is dependent on public confidence and acceptance.
- Digital money: This is the present method by which society completes its many transactions on a daily basis. Because of technological advancements, the manner in which products and services are transferred has shifted from physical to virtual.
- New financial order: Absolute digitalization of money with programming purposes and verification of money traces.
The use of decentralized scheme and migrate it to the centralized system (manifestation of the conflict)
- De-dollarization: Due to the implementation of a segmented currency used by Brazil, Russia, India, China and South Africa (BRICS).
- Fednow: Instant payment system, considered by some as an alternative to digital currencies of central banks and stable coins. This system is implemented by the American federal reserve.
- ISO FRAMEWORK 20022: It involves a financial messaging that allows companies to send and receive payments more efficiently; under the blockchain and DLT systems. Some cryptocurrencies under this framework are: Xlm, Hbar, Mota, Xdc Algo, Kndt.
- Central bank digital currency (CBDC): Is the digital form of a country’s fiat currency.
2.2. TECHNOLOGY AS A COMPLEMENT TO THE ECONOMY
Over the years, specifically, in the last decade with the rapid evolution of different technologies, the economy and the various technologies have been merging and creating a kind of symbiosis, where both complement each other and give their best version.
A clear example of this symbiotic relationship between the economy and technology is the development and broad use of digital transactions, traditional modes of payment, such as cash and cheques, have been progressively displaced by digital alternatives as technology has advanced. Which are carried out through credit cards, electronic transfers and the latest innovations in the economic sector, cryptocurrencies and the new financial order. It is clear that as different technologies evolve and become integrated into economic systems, the impact they create is exponential. Being clear examples, the productivity increase, promotion of innovation, improvement in the efficiency and speed of the processes, and access to different types of markets in the world.
As stated before, significant shifts and developments have occurred from the symbiotic interaction between technology and the economy, having positive effects in the economy and it is demonstrated in the following factors:
- Digital transactions: The transition to digital transactions has been extensively documented, and it is clear that the COVID-19 pandemic accelerated even more this process, where according to the data of Banco Santander, in 2017 there were 2,454 billion users globally and in 2022 this reached 4,160 billion users, and it is estimated that by 2027 they will be used by over 5,480 billion people.
- Cryptocurrencies: The growth of cryptocurrencies in recent years has been a significant development. According to triple-a statistics, as of 2023 there are more than 420 million crypto holders worldwide, and each year more and more commerce’s are accepting them.
- Impact on businesses: As for Business operations have undergone radical change as a result of the integration of technology into economic processes. For instance, e-commerce has grown significantly; According to Statista statistics global e-commerce sales had exponential increased through the years, especially during the Covid-19 pandemic, where global e-commerce sales were $4.28 trillion in 2020, and Statista projects that they will rise to $6.38 trillion by 2024. This trend exemplifies how technology has transformed how companies run and engage with their customers.
This being said, it is clear that different emerging technologies such as artificial intelligence and blockchain have the potential to further transform the global economy and human beings must always be up to date to take advantage of the opportunities that arise, as well as to integrate a normative legal framework represented by constitutional guarantees with the correct interpretive orientation of economic freedom.
2.3. ARTIFICIAL INTELLIGENCE
One of the latest technological advances of human beings is the creation of artificial intelligence, it is considered a type of branch in computing whose function is the use of algorithms and data models in order for the machine or system to learn about itself. the human reasoning of the human being, equating or surpassing it with the final objective of automating processes or providing different solutions to a problem.
The human being has been subjected to learning in a short period of time about artificial intelligence, since it is something very new, but nobody knows what their limits are, because the genesis of evolutionary self-learning is in the system, both for good as bad.
Regarding the objective of the research, there are several positive factors in which artificial intelligence could drive change, such as automation or improvement in reasoning for decision-making, specifically in the area of the support of the monetary masses and in the systems of remuneration and capital fluctuation.
But like everything, it also has its negative impact, being these factors such as the different regulations or ethical framework that guarantees its proper use, preventing unemployment or data privacy.
2.4. MONETARY MASSES AND PATTERNS OF SUPPORT
The monetary masses are considered the amounts of liquid financial assets that circulate within an economy, a clear example: Cash.
The monitoring and analysis of the monetary masses is of the utmost importance for the human being, since these lead to an understanding of the state of the economy; Some measures to evaluate the monetary masses are the following:
- M1: It is the money in cash that circulates within the economy
- M2: These are savings accounts and time deposits
- M3: These are long-term deposits
- M4: Are the bonds, bills and promissory notes.
These measures provide a way to assess the amount of money in circulation and the liquidity of the economy, in addition, the monetary masses can be affected by factors such as economic growth, inflation and government policies.
2.4.1. SUBSTITUTE PATTERN
When expressed in terms of economic support patterns, it refers to the endorsement of a country’s currency. Throughout the world, most states are based on the principle of monometalism, in which gold or silver reserves, depending on their quality and quantity, determine the value of the currency, as they provide confidence to the population. However, it must also be taken into account that around the world there are also countries, such as Latin-American countries, that use the system of fixed exchange pattern, which means that when the currency of a country has a fixed value in reference to another currency, usually a strong currency such as the US dollar or the euro, this system is used.
The innovative system originated thanks to this research, being this, a monetary support pattern that considers the environmental framework as an absolute priority, is a support method that is based on the preservation of supreme values for human beings, such as the environment, protection of flora, fauna and water, life, health, and others.
Finally, the objective of the environmental standard is to replace the gold standard and other toxic standards, since gold extraction procedures are extremely harmful to the environment, a clear example is the case of the OK Tedi Mine, located in Papua New Guinea. Which means that the more gold the States obtain to support the value of its currency, more damage is caused to supreme values (life, health, ecosystem of flora and fauna, water), which creates a paradox.
Countries that extract more gold (China, Russia and Australia) are the strongest economically but the least ecologically strong, with an expansive wave of damage to all the States of the planet, hence the solution of the environmental standard; Where the currency will be backed by the best preservation of the environment, which means, the better the environment of each State, the higher value your coin will get; Providing not only economic benefits but also environmental benefits for the life and health of society and all living beings.
2.5. CONCLUSION OF THE CHAPTER
The Blockchain Ecosystem, which is a distributed database of records or public ledger of all transactions or digital events that have been executed and shared among participating parties; Coupled with artificial intelligence will democratize monetary issuance based on the search and development of humanity’s purposes. With the application of the reverse engineering criteria and redefining the patterns that support the currency within the framework of economic science for the issuance of money, value is created first (absolute preservation of the environment, life, health, protection of flora and fauna and resources natural water and oxygen) and as a direct consequence of this value coupled with the use of green technologies, the Ecological Cryptoactive is issued.
Consequently, the blockchain platform joins artificial intelligence and is linked to the generation, regeneration, and preservation of the planet, assigning incentives in digital currency to collaborators who comply with that purpose.
Chapter III: Legal Challenges
3.1. RESEARCH QUESTION
It is clear that in this investigation it is essential to analyze the possible legal challenges, since these are essential to understand for the correct development of the research work, first the application of different international treaties on environmental protection will be analyzed, as well as the main policies of its protection, in this case segmented in developing countries, giving context to the reader to be able to explain more easily the different legal challenges to which this research work is subjected.
An unconventional strategy frequently used by the winner of the Nobel Prize for Literature Gabriel García Márquez, this being «THE MAGICAL REALISM», which is a genre of literature that depicts the real world as having an undercurrent of magic or fantasy. The purpose of the approach is to tell facts that are real, but putting a fantastic connotation in the form of a narrative, with the main objective of fulfilling the function of entering the mind of the interpreter (reader) in order to find the solution to the wars of the economic masses.
It is important to highlight that this strategy is implemented, since in legal challenges it is a process that leads more towards interpretation because the laws and regulations already exist, the problem or challenge for the human being is in the misinterpretation of the law as a whole, which has been implemented or misunderstood; Since it is clear that the laws have a single purpose, to protect the integrity and existence of the human being, but it can be said that over the years the spirit of the law has disappeared or lost its real purpose for different reasons, which is why it is necessary to find it, in order to protect the human being.
3.2. THE APPLICATION OF THE MAIN TREATIES IN PROTECTION OF THE ENVIROMENT AND FAUNA
It is crucial to note that the existence of international treaties and rules, to which States are subject, makes it possible for flora and fauna to be protected. These agreements have as their goal the preservation of natural resources and their long-term sustainability. the following being the primary or most significant:
- Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): This convention prohibits or controls trade in endangered species and establishes regulations for their protection.
- Convention on Biological Diversity (CBD): This convention has as its objective the conservation of biodiversity and the sustainable use of natural resources.
- Convention on Climate Change (UNFCCC): This treaty aims to combat climate change and limit global warming.
- Ramsar Convention: This convention focuses on the conservation and wise use of wetlands.
- Montreal Protocol: This protocol focuses on the protection of the ozone layer.
These international treaties and agreements are only a few examples of efforts made by nations around the world to preserve the environment. These treaties address particular problems and encourage practical environmental preservation measures; And because they are regarded as laws of internal order, every State has incorporated them into their own regulatory frameworks.
3.3. MAIN ENVIROMENTAL PROTECTION POLICIES IN DEVELOPING COUNTRIES
Different policies are implemented in developing countries with the aim of preserving and protecting the environment. The following are the various strategies they employ to fulfill their goal:
- Environmental legislation: To safeguard natural resources, control pollution, and encourage conservation, several nations, such as United states, Spain or China, enact environmental laws and guidelines. These regulations impose restrictions on things like biodiversity, land management, the protection of natural resources, and the quality of the air and water.
- Environmental awareness: Environmental education programs, such as, Environmental Education in Natural Parks, Sustainable Development and Conservation Projects and Environmental NGOs and Associations programs are used by nations to inform and sensitize their citizens about the need of preserving the environment.
It is crucial to note that these alternatives proposed that have been implemented does not imply that they are pre-established regulations or systems, as the approach to policies is based on the needs and conditions of each nation.
3.4. THE NECESSITY OF THE LAW
As previously mentioned, the laws are not necessary because all these laws already exist, the error lies in the correct interpretation and application of the spirit of the norm in order to fulfill its main objective, which is the preservation of the human species within the framework of its infinite evolution.
It is a reality that there is a normative structure of global constitutional rank, due to the fact that all the constitutions of the world protect the environment, as pointed out previously in examples, in the same way, the regulations or procedural codes that establish that the treaties signed at the international level form the positive law of the country in this issue, a clear example, is shown in several civil procedure codes around the world, for example in the Venezuelan procedural code, in which it is shown that there is a preferential application towards national and international public treaties to which the State in question submits, submitting to the law applicable positive.
Following in the line of what was previously established, it is clear that the regulations or laws towards the protection of supreme values fulfill the function of protecting thanks to their normative structure in general, where the economic guarantees are very specific and outlined towards the particularity of each country or block of countries, a clear example, are treaties that protect segments of countries, promoting economic guarantees according to times, needs and places.
On the other hand, the guarantee of the environment has no limits, they are absolute and timeless, with regard to time, place or political thoughts, with respect to the exercise of the guarantee since it is universal and vital, linked to the life and existence of the humanity.
In order to better understand the process of interpretation of constitutional guarantees, the best dialectical way to describe the process that leads to the principle of solving wars between monetary masses, is using the literary resource explained above, which it is “magical realism”, using the spirit of narrative writing.
In legal matters, it is important to put ourselves in the situation of two fundamental constitutional guarantees for the correct development of the investigation, these being the environmental guarantee of a suitable environment and the economic guarantee. In the current situation and taking into account the limitations previously expressed, the environmental guarantee becomes a kind of pater familia, This is a concept derived from Roman law, where the «father of the family» is a figure who is in charge of being the leader within a family, taking charge of making important decisions, providing support and protection to his family. fulfilling the function of imposing its axiomatic obedience on the other guarantees to execute its main objective, which is none other than the preservation of life.
The environmental guarantee takes on a life of its own, giving a cessation or interruption to how economic guarantees are currently executed with respect to the protection of certain activities. At present, it can be said that economic guarantees cover the exercise of an activity of certain exploitation of natural resources (gold, coal, oil, etc.) in order that these resources support and give sustainability to the value of the currency of each country, but in this process, there is extensive deterioration and damage to the environment, and consequently to human life.
After the order imposed by the environmental guarantees calling for reflection towards the economic ones, they realize that thanks to human greed their spirit of law was perverted, since although it is true that it provided economic stability, making their currency strong in based on the gold standard, but it was doing a very harmful damage to the environment, which in the long term would be one of the main consequences of the extinction of the human being.
The environmental guarantee seeks the support of other guarantees under a systemic vision of the normative order, such as the promotion of new technologies to give reason for the need for the merger and integration of a constitutional block of guarantees, to achieve a single guarantee that preserves the ecosystem and consequently life.
Seeking this support, realizes that this is achieved through the absolute fusion in a single constitutional guarantee between several guarantees, these being the following: protection of the environment, life, health, economy and technology, forming a kind from constitutional Pentateuch.
The economic guarantee recognizes that it was perverted by the human being and axiomatically submits to the spirit of law generated by the constitutional Pentateuch, initiating the transformation or fusion between guarantees to achieve the objective of the investigation, which is to suppress wars between monetary masses.
3.5. CAUSES FOR REDEFINING THE ECONOMY FOR THE ISSUANCE OF MONEY
The purpose of this chapter within the present investigation is the compilation of the fundamental data that will serve as the pillars so that artificial intelligence can assess them and can propose effective measures, while acting based on the variables analyzed, making the statistical projections, which will have as their function the correct use and understanding for the optimal development of the ecological cryptoactive which will be the proposed solution to suppress wars between monetary masses.
3.5.2. FORESTALL RESERVES
The major goal of forestall reserves, such as, the Amazon Rainforest Reserves (Brazil), Daintree Rainforest (Australia) and Sundarbans Reserve Forest (Bangladesh and India), which are defined and protected regions, is to conserve and preserve the biodiversity, ecosystems, and environmental services that forests provide. They play a crucial part in the health of the world since they are home to thousands of different kinds of flora and fauna, absorb the majority of the carbon dioxide in the atmosphere, and serve as a foundation for the creation of oxygen.
At present there are a series of challenges which the human being is subjected to seeking a solution, these being illegal deforestation, agricultural expansion, coordinated extraction of natural resources, urbanization and climate change. One initiative is the protected area networks, where various countries and organizations work to establish a network of interconnected protected areas around the world, trying to find solutions to previously established challenges. According to the International Union for Conservation of Nature (IUCN), approximately 15% of the world’s land surface is protected , including both forest areas and other ecosystems. This percentage is very low, but with the present investigation a paradigm change is aspired, where the protected area is going to become a mechanism of economic production in favor of humanity.
3.5.3. ANIMALS IN DANGER OF EXTINCTION
The extinction of animals is an inevitable process and can become irreversible thanks to the precarious conditions in which the ecosystem that surrounds them. According to the International Union for Conservation of Nature (IUCN), Currently, there are more than 150,300 species on The IUCN Red List, with more than 42,100 species threatened with extinction; Scientists estimate that species are currently going extinct at a rate much higher than the natural rate of extinction, and it is believed that we are experiencing a mass extinction. There is no doubt that this process of extinction must be stopped and urgent policies to repopulate the species must be implemented.
3.5.4. NATURAL RESOURCES (WATER)
Natural resources are considered fundamental components present in nature that are useful and vital for human beings, they are categorized into two modalities, that is, whether they are renewable or non-renewable, but the objective for human beings is clear, to satisfy their needs. needs and promote socio-economic development. Proper management of natural resources is essential to guarantee their sustainability and minimize negative impacts on the environment.
A natural resource which is essential for the optimal development of living beings is water, according to The International Union for Conservation of Nature (IUCN), has warned about a shortage, where more than 40% of the world population experiences a lack of water; Similarly, it has warned about the contamination of the oceans by humans, where it indicates that more than 50% of the world’s wetlands have disappeared in the last 100 years, having a direct impact on aquatic ecosystems.
3.5.5. TOXIC PATTERNS OF REFERENCE
When reference is made to toxic reference patterns, it means the fundamental factors or the main causes for which the environment has been harmed, which are the following:
- Climate change
- Inappropriate exploitation of natural resources
These are some of the causes for which the environment is being harmed, something that is clear is that the main culprit actor is the human being, who, seeking to satisfy their needs, has caused damage that can become irreversible. towards the environment and the different living beings on the planet.
Chapter IV: Constitutional review and particular cases for legal support on the proposal
4.1. ECONOMIC FREEDOM AS A PRINCIPLE OF LIBERALISM
Economic freedom is seen as a key libertarian ideal because liberalism advocates the idea that people within a state should have the ability to make economic decisions and engage in voluntary transactions without undue government intrusion.
We use the example of the founding fathers in the American government, who produced the Constitution of the United States of America, which mentions freedom as a vital concept and value in the creation of the Constitution that would rule the future. Many countries also dedicate these highest postulates in what is known as the constitutional preamble.
We highlight economic freedom since it is now overly controlled, contradicting the fundamental spirit of the legislation given by the founding fathers. The following examples provide a clear illustration:
Microsoft Corporation V. European Commission (2007): The European Commission punished Microsoft for abusing its dominating position in the operating system industry. Microsoft filed an appeal with the European Union’s Court of Justice, claiming that the ruling infringed the company’s intellectual property rights. The court found in favor of the European Commission, which used the regulators’ power to prohibit corporations’ commercial activities.
Binance V. SEC (2023): The SEC filed a lawsuit against Changpeng Zhao, the CEO and founder of Binance, in this case. The US trader accused Binance of inflating its trading volumes, stealing client funds, prohibiting US users from using its platform, and misleading investors about its market surveillance procedures.
As a result, there must be a balance of independence while avoiding unnecessary controls.
4.2. CONSTITUTIONAL PROMOTION BEFORE ARTIFICIAL INTELLIGENCE
In this scenario, considering the basic values and rights inscribed in a constitution in the context of AI development, implementation, and use means constitutional promotion. As previously stated in the investigation, artificial intelligence and economic freedom are connected in the sense that artificial intelligence has the potential to have a large influence on the economy and labor market, which can have repercussions for economic freedom.
Artificial intelligence has the potential to benefit the environment through improving the capacity to gather and evaluate environmental data, as well as developing technical solutions to aid in climate change mitigation.
Real-time environmental data monitoring using artificial intelligence may be used to identify patterns and trends in the state of the air, water, and other environmental elements. AI may also be used to build more effective and sustainable energy solutions as well as assess and forecast the quantity of renewable energy that can be produced in various areas. As long as it is utilized appropriately and ethically, artificial intelligence may be a useful instrument in the battle against climate change and the preservation of the environment.
Since it is still in the experimental stage with this new technology and since its short-term limitations are unclear, artificial intelligence is still a very new instrument or innovation for humans. As such, it is not yet in the jurisprudential stage.
4.3. CASES TO JUSTIFY THE PROTECTION OF THE ENVIROMENT
It is crucial to reference instances or jurisprudence in this section of the inquiry in order to support the investigation’s final recommendation legally and to demonstrate the gravity of the issue at hand.
- Chevron vs. Donziger (2014) : The dispute centered on environmental deterioration in Ecuador’s Amazon area. Chevron has long been charged with dangerously contaminating the Amazon jungle. The situation gave rise to a protracted legal dispute that included the company’s environmental obligations and compensation for impacted communities.
- Exxon Valdez accident (1989): The Exxon Valdez ship’s oil leak off Alaska’s coast resulted in significant environmental harm. There may have been a 40-million-liter crude oil leak, which had an impact on local wildlife, birds, coasts, and the economy. The tragedy prompted modifications to shipping laws and a stronger emphasis on oil spill response and prevention.
- Sierra Club v. Morton (1972): The United States Supreme Court ruled in this decision that environmental advocacy organizations had no legal authority to initiate an action on behalf of the environment because the environment is not regarded as a «party.
4.4. CONCLUSION OF THE CHAPTER
This chapter has the function of demonstrating the need for a change, where the jurisprudence of the courts is in tune with the supreme constitutional values, and in the legal needs of human beings today, also serves to demonstrate the symbiosis between the own constitutional guarantees with a multiple and expansive effect on all sectors, demonstrating the need for the Constitutional Pentateuch to respect the spirit of law and coexistence between constitutional guarantees proposed by the founding fathers of the conglomerate of supreme values regarding humanity and all living beings.
CHAPTER V: Proposal for a ecological crypto asset
As a previous point, you can see the confrontation of the United States Securities and Exchange Commission (SEC) which in March issued a warning about investment in alternative cryptocurrencies (Alt Coins) since it considers them a security, it is that is, equates them to a share of a company.
Establishing more and more legal restrictions such as offering staking services by Exchange Kraken, or what is the same, allowing users to be remunerated for blocking a cryptographic asset in the long term. In addition, to this is added the recent ban on the issuance of Binance’s new stable cryptocurrency, BUSD, by the company Paxos. It should be noted that the measures concern only companies that will be based in the United States, in this case, Kraken and Paxos respectively, although they intend to establish a precedent in the industry.
All this means that the United States Securities and Exchange Commission (SEC) is oriented in its policy to implement restrictions on the world of crypto actives, a clear example in the cases referring to the companies Coinbase and Binance (the two largest Exchange of cryptocurrencies of the world) where the SEC files legal action against these two companies for an allegation of trading securities.
It is important to mention that the SEC has never been very defined, whether cryptocurrencies are securities or not, even so, the SEC sues them before the judicial bodies of the United States for selling a series of crypto assets such as those mentioned above, alleging that they are securities and that these Exchanges do not have the license to market this type of asset to the public investor. One case that exemplifies the evolving legal landscape surrounding cryptocurrencies is the United States v. Ross Ulbricht, also known as the Silk Road case.
The consequence of these measures imposed by the SEC on the Exchanges located in the United States will be forced to stop selling these crypto assets that are being classified as securities, mentioning that uncertainty is generated because it is not known that other crypto assets the SEC can classify as values. Which is a clear attack by the SEC against the cryptocurrency ecosystem, which has implied a fall in the market for some crypto assets in the year 2023.
Many leading actors and experts in the crypto world criticize these regulations before these two large companies, as well as the other possible companies that may fall under this regulation policy, since the SEC does not have a defined legal criterion and considers that they are basing their decisions on in laws that are not updated to the current legal challenges that the world is subjected to by its various innovations.
These companies reacted in good faith to try to find a solution to this problem since millions of investors have their money on these platforms, contacting the SEC to try to find a solution; The SEC’s response was negative and it works the lawsuit unilaterally, which consequently leads these platforms to set a decision not to withdraw any cryptocurrency from the market and prepare for the relevant legal processes, with the aim of making the adjustment towards cryptocurrencies are favorable for trade and exchange on their platforms.
These actions taken by the SEC give reason to think that for certain political reasons the need to establish a new global financial system is emerging, which means that they want to impose more restrictions and adjust to the exchange platforms in order to position themselves in a unique way and treat of displacing these markets, considered secondary by them, as a demonstrative example. The existence of the conflict between the Central Bank Digital Currency and alternative currencies, for example, European Central Bank (ECB) vs. Stable coins and China’s Digital Yuan vs. Cryptocurrencies, which are considered by some to be insecure due to their high fluctuation or for being very volatile, also the rejection against anonymous digital currencies such as Monero and others similar, that is, there is also an attack against crypto assets with anonymous characteristics, since a certain sector wants to accurately determine all the forks that have been part of the chain to be able to monitor economic activities
This research evidences the existence of the economic war which causes damage to investors; therefore, it is necessary to analyze the causes of the conflict and propose unprecedented global solutions for an economic reorientation of the market, hence the urgent need to implement the Ecological Cryptoactive.
5.2. STATEMENT OF REASONING
Based on the statements previously expressed in this research work, it was concluded that the solution to suppress the Wars between Monetary Masses, would be the creation of a special type of cryptoactive with ecological support, which its main support will be the preservation and regeneration of the environment, and under this vision the protection of flora, fauna and the environment is fulfilled as a fundamental objective, highlighting that the existing crypto assets their backups are not well defined, and are very unstable and vulnerable, it is enough to observe the depreciation of the same is the period of the month of May 2023.
Allowing to establish a strictly applicable constitutional legal framework so that the constitutional guarantees interact in what it is defined as the CONSTITUTIONAL PENTATEUCH, that is, the application in a block of the effects of the constitutional guarantees related to the protection of the environment, the development of an economy in pro of the human being, to life, health and the promotion of technology.
Artificial intelligence will play a very important role in this new vision of reinterpretation of constitutional guarantees, or better expressed, the correct constitutional interpretation to preserve the environment, and establish the legal bases for the fulfillment of this purpose.
It is a true fact that humanity and artificial intelligence have interacted more acutely where each part has made contributions to the other, that is, technology has been improved by humans in terms of their innovations, a clear example is the implementation of chatbots that reinforce the search for information to users, supporting them in multiple knowledge tasks, and also the use of bot trading, which is a robot for investment management, we can say that a permanent symbiotic relationship has been strengthened and of strict collaboration between humanity and technology.
Symbiotic relationships are defined as the close and persistent relationship between organisms of different types, where both benefits, going further, it can be said that they lead the human being and artificial intelligence to a shared evolution, turning them into a new individual.
After analyzing the above, the three (3) laws of robotics promulgated in 1942, by the writer and professor of biochemistry at Boston University, Isaac Asimov, are brought up, in which he expresses the following:
- First Law: A robot shall not harm a human being or, through inaction, allow a human being to come to harm.
- Second Law: A robot must follow the orders given by human beings, except those that conflict with the first law.
- Third Law: A robot must protect its own existence to the extent that this protection does not conflict with the first or second law.
After analyzing the three (3) laws of robotics exposed by Isaac Asimov and verifying the symbiotic relationship between the human being and artificial intelligence, and applying the legal syllogism technique, which is an instrument used to correctly handle legal systems. , in this logical process that legal (deductive) reasoning follows to reach the decision based on presupposed premises (major premise and minor premise), and thus achieve the justification of the legal decision, a major premise is detected, which is that humanity and artificial intelligence have interacted in a consistent and very relevant way, as well as a minor premise is detected, which is that both entities have reciprocally supported each other, generating common benefits, this conjugation of premises produces a final proposition, which is an argument valid for a conclusion, which is a permanent symbiotic relationship between humanity and technology for the sake of evolution,
With the interaction that artificial intelligence and humans carry out together, it is also concluded that a THE FOURTH LAW OF ROBOTICS is created and developed, which consists of establishing the symbiosis of these organisms in an inevitable and axiomatic way, the symbiotic relationship does not it implies the subordination of neither party to the other, on the contrary, it accelerates the evolution of both. This fourth law of shared evolution robotics can be a unifying law of preferential application to the previous laws formulated by Isaac Asimov.
Giving a practical sense to this concept, when the fourth law of robotics is implemented, artificial intelligence growing together with the human being, realizes that it must protect the environment, as well as flora and fauna, so that the being human being can fully develop his life and evolve together with it.
Consequently, by applying the fourth law of robotics, which in this case is to seek and implement a solution that once and for all extinguishes the economic war that has begun to intensify in 2023, and suppress its dire consequences for humanity and with the support from all the existing technology, the following solution is proposed.
- Application of artificial intelligence to establish the ecological cryptoactive, regulating generation processes, attribution of non-speculative and stable economic value of the ecological currency, distribution of benefits to the protectors of the environment, who have been called ecological guardians or of the environment.
- Interconnection for the same purpose of all the satellites that orbit the planet so that in one function they collect the necessary data and explained previously in the research work, with the purpose of analyzing the critical areas where the work must be carried out and proposing the distribution primary use of the ecological crypto asset for the so-called guardians of the environment, as well as third parties involved, taking into account the transmissibility value of the new ecological currency, depending on different factors. The satellites will use advanced technologies to scan the planet’s topography, study the environmental impact of the climate crisis, observe how environments respond to human activities and monitor the management of the world’s natural resources, all this vast information will feed intelligence artificial.
- Implement a technology system with the implantation of Elon Musk’s brain chip developed by his company Neuralink Brain Chip (Approved by the U.S. FDA clearance for its first-in-human clinical trial), in the guardians of the environment, so that they connect to artificial intelligence, and will be monitored by the global network of satellites, artificial intelligence determines the time and place worked on a day-to-day basis by the guardians, giving the ability to define and quantify the economic benefits that will be granted respectively, for the activity carried out by the regeneration of the environment, extensive to the flora, fauna and saving all natural resources.
- Labor rights are protected in favor of environmental guardians, who receive their compensation immediately in their respective digital wallet, benefits are assigned in real time and without delays applied by employers or bureaucracies of the past, considering that the mass of workers will be benefited from subsidies or contributions from the state for the acquisition of the necessary technology for the exercise of their functions as environmental guardians. (Provision of smartphone equipment and payments for specialized apps for recording the activities of the guardian).
- At the same time, the bearer of the chip is granted a high level of security regarding his assets generated by his activity, since this is linked to the bearer’s DNA and protected within the blockchain system.
- A division for the protection of endangered animals is activated, where artificial intelligence determines the area’s most urgently and suitable for animal life, through artificial intelligence creating a kind of Digital Noah’s Ark.
- It is important to mention that with this reward system, the scale of benefits of the allocation of the Ecological Cryptoactive is inverted, since the worker is in the first order of the chain and the States are the last to collect the benefits, on the contrary of recent years, where the State perverted by corrupt governments, diverts labor resources, being the first to benefit from the work of others, achieving with this new symbiotic mechanism of artificial intelligence with the human, a social justice in favor of all guardians who fulfill their environmental duties.
- The Constitutional Pentateuch is the first chain of connected constitutional guarantees and that act together, for the right of the Environment, for the correct economy, for the sacred right to life and health and for the incorporation of effective technology, but Other constitutional guarantees can be added, something very similar to the chain of blocks (blockchains) which is an advanced database mechanism that allows transparent information to be shared within the network, and the data is chronologically consistent because it is not possible to delete nor modify the chain without the consensus of the network. However, neither can the correct effects of the application of constitutional guarantees by the interpreter be further altered, since it acts as a fully integrated and coherent normative block in terms of its true legal effects, all with the aim of saving humanity from the self-generated chaos.
Relevant conclusions of the Investigation
The innovation postulates continuously expressed by IE University are fulfilled, consequently, it is adapted in the following regulations proposed by the university, which is an innovation engine. After completing this investigation, I can reflect that a true jurist is one who keeps up-to-date on a day-to-day basis in the study, interpretation and application of the correct law according to the new times, seeking innovative solutions to unprecedented problems.
- It is a solution to an intentional and international dispute represented by economic wars.
- It is a redefinition of a historical paradigm shift referred to a new vision of monetary support, represented by the ecological pattern, through the implementation of a new cryptoactive and interactive use of artificial intelligence for the benefit of humanity, much higher to the green or carbon bonds that currently exist.
- The CONSTITUTIONAL PENTATEUCH, is considered as a block of guarantees with application of immediate legal effects, achieving through a correct process of interpretation of the constitutional regulations so that its application is truly effective. The conglomerate of guarantees allows the successive addition of other guarantees that are added to the block, very similar to the Blockchain.
- First time in history, in which the constitutional chain is compared to the chain of blocks (Blockchain), providing legal certainty. Determining the trace and possible legal effects. Fusing Blockchain technology and artificial intelligence with constitutional law.
- With the help of artificial intelligence, the current hierarchy of benefits is inverted, where workers are the first to receive these, with the help of this scheme, but the State is not excluded because it also receives benefits through the application of an ecological situation, that is, a part of the income from the ecological activity carried out by the system (ecological guardians, artificial intelligence, satellite network, private and related institutions and contributions from the State.
- A merger window opens for the technologies developed by the company Neuralink Brain Chip linked to the network of ecological guardians, with security mechanisms to prevent identity theft.
- In the face of conflicts between environmental guardians and artificial intelligence, arbitration clauses will be presented, where the parties will choose the applicable laws for possible disputes that may arise, the presence of a lawyer and robot judges who defend eventual disputes is not ruled out.
- The existing litigation derived from the current economic wars of today, may have a decline due to loss of interest that leads to the closure of the processes, this decline comes from the current digital currencies that would cease to have meaning and validity since a migration occurs towards the ecological asset.
- The financing of this great project can be achieved through the global stock market, that is, the investment is minimal when faced with the question, how much is it worth to save humanity?
This investigation leads to a final reflection, that the interaction of constitutional guarantees linked to new technologies redefines the correct interpretation of economic freedom, therefore it fulfills the objective of eradicating economic wars between monetary masses through the substitution of traditional patterns for the ecological pattern, in favor of fulfilling a single objective, which is human evolution.
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The following annexes are illustrations created by artificial intelligence using keywords based on the research.
Image #1: The expectation is the integration of the urban complex into the environment, where thanks to the new environmental pattern they can coexist perfectly, even opening up to the fulfillment of other constitutional guarantees such as the right to decent housing and healthy food. Illustration developed by artificial intelligence software using words related to «Ecological Pattern» and «urban environment»,
Image #2: This image represents the satellite network in its task of supervising the environment and compliance with tasks within the planet Earth, as well as providing the necessary information on the restoration percentages for the day-to-day value of the crypto asset. Illustration developed by artificial intelligence software using words related to “satellite network”, “environment” and “supervision”.
Image #3: Represents the constitutional guarantees in a state of absolute and perfect fusion. Illustration developed by artificial intelligence software using words related to “fusion of laws”.
Image #4: Represents the human being fused with artificial intelligence observing the new future of humanity. Illustration developed by artificial intelligence software using words related to “artificial intelligence” and “Human-being”.
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 Gabriel García Márquez: Was one of the best-known Latin American writers in history. He won a Nobel Prize for Literature, mostly for his masterpiece of magic realism, Cien años de soledad (1967; One Hundred Years of Solitude).
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 Venezuela civil procedure code: In the cases of application of Private International Law, the Judges will attend first to the public treaties of with the respective State, regarding the point in question; In the absence of such treaties, they will apply what the laws of the republic provide on the matter or what is clear from the mind of the homeland legislation, and in the last place they will be governed by the generally accepted principles of said Law.
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 Ecological or Environmental Guardians: Concept of didactic application thanks to research, it refers to people whose main task is to preserve the environment, but they are units of primary connected networks with the entire artificial intelligence system through the chip developed by Neuralink Brain Chip.
By LUIS CALZADILLA