The Development Of International Environmental Law And National Sovereignty:Conflict And Coordination

With the coming of the crisis of global environment, the International law on environment has developed rapidly in the recent30years. The characteristic of the new century is formed by the problem of worsening environment and the state sovereignty. This paper tries to deeply discuss about the development of the international law on environment, and evaluate the conflicts between the international law on environment and the state sovereignty, as well as the solution, by the main understanding of state sovereignty. Then we can find the best way to bring the international law on environment and the state sovereignty into harmony. Looking at the problems of international environment, it is regarded as potential academic resource and realistic significance that we study the harmony and the unity of both of them. This is the need of common interests of mankind, but also the further development of international law on environment. This pater deals mainly with the conflict and the coordination between the international law on environment and the state sovereignty in five chapters.The first chapter emphasizes the background of the writer’s selection of subject, the purpose of studying, the significance and recent research situation home and abroad. By this, we can know more about the academic resource and realistic significance.The second chapter expounds the conception, formation and development of the international law on environment. The writer shows the opinion of its definition, after studying other scholars’definition on the international law on environment, and analyses the stages of the development of the international law on environment and the influences on international relations.The third chapter relates the theory and the development of the state sovereignty. This part is divided into five cases. The first case plays more attention on understanding the conception of the state sovereignty; the second one mainly discusses the contents of the state sovereignty; the third analyses the conflict between traditional state sovereignty and the environmental protection, and the differences between the conflicts of the developed countries and the developing countries; the forth one issues the definition of the national environment, and assess it properly.The forth chapter expounds the conflicts between the international law on environment and the state sovereignty. It mainly analyses the conflicts on the principles of the international law on environment, the system of the protection, the environmental control in China and the liability of the national environment.The fifth chapter state mainly about the harmony of the international law on environment and the state sovereignty. This is the innovation of the whole paper. The writer held the following ideas:on the condition of adhering to the principles of the application of the state sovereignty, and by overcoming the limitation, strengthening the system of international supervision, improving the national liability, we shall at last bring the international law on environment, environmental protection and the state sovereignty into harmony, and ensure the common interests of mankind and the sustainable development.The sixth chapter focuses on Chinese environmental protection and the safeguarding of the state sovereignty, including the present state of Chinese environment, the conflicts between the environmental protection and adhering to the national sovereignty, and the strategies that China should adopt.