Harmonizing International Environmental Law and National Sovereignty

Abstract

International environmental law is an important legal tool to deal with the global environmental crisis. In recent years with the increasingly serious and global environmental problems the speed and depth of environmental problems are also increasing. In this process the relationship between state sovereignty and international environmental law and its conflict become the object of study. "To do a systematic analysis this paper attempts to destroy the conflict between national sovereignty and environmental rights and on the basis of in-depth discussion of the background concept formation and development stage of international environmental law to explore whether the two can be coordinated. In particular the concept of "soft standards" is proposed to analyze its actual status and role in international environmental law and its dialectical relationship between legal significance and legal effect in non-binding international instruments. On the basis of respecting national sovereignty the document said that strengthening the supervision of international mechanisms and improving the national responsibility system can promote the effective coordination of international environmental law and safeguard national sovereignty and realize the mutual benefit and win-win situation of environmental protection and national interests. At the same time it puts forward a more cautious attitude towards the criticism and modification of the soft law of the international environment and emphasizes that the universal basis of the law should be paid attention to in the practical application so as to avoid the marginalization of legal research due to excessive dependence on social analysis methods.This paper aims to provide theoretical support and practical guidance for the further development and practical application of international environmental law.