Sovereignty and Trans-Boundary Environmental Issues: A Search for Co-Existence

Abstract

With no international uniformity and ambiguity in matters of jurisdiction in cases of cross-boundary environmental issues, the concerns for the same have taken a centre-stage. The need for having a clear perspective and a legal framework on environment related issues specifically in relation to jurisdictional aspect in trans-boundary claims has to be dealt with. But any debate of such nature will touch upon the concept of State Sovereignty. The debate for having a universal jurisdiction is quite new and that of extending it to the cases of environment is even more new and thought provoking. The environmental degrading activities of one State may affect the neighbouring State(s) too, which would thus involve various legal and political consequences. And one such consequence will be in relation to the territorial sovereignty. International law concerns have tried to strike a correct balance between the international responsibility towards environment and the principle of State Sovereignty. This article is an attempt to evaluate the evolving international environmental law jurisprudence in the above mentioned backdrop. In this the responsibility to protect and preserve the environment of the States is to be studied while taking into account the issues relating to sovereignty. It is to be analysed as regards how far obligations can be placed upon a State so as not to undermine the absoluteness of its Sovereignty.