Impacts Of The Enforcement Of International Environment Law Upon State Sovereignty

As a newly developed part of international law system, international environment law has a history no more than several decades. With the deterioration of the global ecology system, how to protect environment has been paid so much attention by international jurists. The mechanism of international environment law has no applicable 'stare decis', which makes it have more open system. Many problems under the view of international environment law have close relations with her parts of international law, such as environment protection and the international tradement, environment and the protection of human rights. The roaring developing international law has given impacts on the function and execution of state sovereignty, which replies to the challenge positively or passively.Chapters 1 mainly discuss the backgrounds of the essay's issue, and the interaction of the sovereignty and environment protection. The issue's discussion should be under the context of globalization. The trend of globalization resulted the conflicts of sovereignty and environment, and in some extent makes the problem more complex. Firstly, the challenge which the globalization of environment issues raises to the sovereignty includes three parts. The globalization of environment issues not only forces the states giving some policies, but also has effects on the concrete enforcement of it. Besides, the cross of environment and tradement is another difficulty. Secondly, on the basis of the sovereignty views of western countries, the essay summarizes the developing countries point on the sovereignty. After the World WarⅡ, in the area of environment protection, the developing countries attitude that persisting in protect state sovereignty has struggled with the western countries ideas.Chapter 2 primarily demonstrates the impacts on the state sovereignty which resulted from the fundamental theory of international environment law. As the core principles of international environment law, the principle of Prevention of Transboundary Damage consists of respecting the state sovereignty and do no harm to the foreign environment. The principle promotes the change during international legal liability regime, and place legal restriction on state sovereignty. Sustainable development is another basic principles of international environment law, which reflects the mankind common benefits and the future of us. So sustainable development can be seen 'erga omnes' obligation of states, which influences the enforcement of state sovereignty outside and inside. This part contains the contents of analysis of related ideas and new development of international law theory deeply, such as the concrete materials of how states bear international legal liability, and the discussion of 'erga omnes'.Chapter 3 focuses on the impacts on the state sovereignty which is brought by the performance of international environment law. The mechanism of enforcing international conventions impact the state sovereignty at first. The important peculiarity of international environment law enforcing system is that dozens of international conventions, the wide range and the clear criterion. Although international environment law is thought to be 'soft law', but many conventions provides the executive methods to promote the activities of states, such as appeal, communication of information and so on. Then, this part discloses a common phenomenon by the role UNEP plays in international environment protection. The environment protection behaviors of international organizations has brought great effects on the state sovereignty. The increasing number of international organizations and its powers, modification of the limits of state sovereignty becomes a distinctive view of the international law in the 20^th century. Last but not least, by the research on three typical cases, the essay intends to discuss how the enforcement of international environment law effected state sovereignty in the view of judicial practice. The Trail Smelter Arbitration is famed as the early period case of international environment law. This case is thought to be the first one to deal with international environment disputes and transnational environment liability, of which the judgment becomes the auxiliary sources of prevention of transboundary damage. The case Nuclear Tests case in 1973 also support the principle stated above. The judgment on the case 'Gabcíkovo - Nagymaros Project' is the most important one of ICJ. The judge's points on the, case implements the concept of 'erga omnes'. The states are required to undertake the responsibility of guarding the environment, which seems to be declines of the state sovereignty.Chapter 4 aids to China's problems on protection of international environment. Nowadays we China have encountered serious pressure from environment. On one side, our experience is not so abundant for the mechanism of obeying conventions. While obeying these conventions and protocols, we should make neatly use of the mechanism to guard state benefits. On the other side, the cross of tradement and environment resulted in some difficulties. Since the open-door policy, the achievements we gained in economy have been constructed on the basis of foreign trade. However, the western countries often restrict us in a manner of 'green trade barrier'. The environment criterion becomes more and more strict, leading to more pressure and concerning the modification of national policy. The essay raised the strategies and measures we should take.The author believes that in some extent state sovereignty cannot meet the demands of the rapid developing international environment law. With the perfecting of dispute settlement mechanism of it, it's sure that state sovereignty will be restricted relatively. Certainly the issue of environment and sovereignty should be treated in two sides. While admitting there exists some conflicts, state sovereignty is changing and extending its range, which makes it better for environment protection.