International environmental law: sovereignty versus the environment?

Abstract

This chapter identifies and analyzes emerging international norms which are relevant to nature conservation and environmental protection and which have a bearing on the scope and substance of permanent sovereignty over natural resources. The chapter discusses: the concept of international environmental law; the development of international environmental law and its codification; international case law as far as relevant to the concept of sovereignty and environmental preservation; twelve main principles of international environmental law as they emerge from various sources of international law; and the question whether contradictions and tensions exist between the concept of sovereignty, including sovereignty over natural resources, and international environmental law. The concept of international environmental law International environmental law is a relatively young branch of international law. Since the 1970s, in particular, it has developed in response to a mounting concern for the state of the environment. However, this is not to say that before the 1970s environmentally relevant law did not exist. As early as the nineteenth century, marine fisheries agreements were concluded as were treaties containing anti-polluting provisions and treaties regulating fisheries in international rivers. During the first decades of this century treaties relating to the protection of certain species of wildlife (migratory birds and fur seals) and flora and fauna in general were adopted and, since the 1930s, anti-pollution treaties have been concluded. Furthermore, legal arrangements came into being which are environmentally relevant even though inspired by other objectives.