Phases of National Sovereignty in International Environmental Law

Sovereignty and International Relations

Abstract

National sovereignty in terms of territorial sovereignty has been modified in the development of international environmental law. This paper purports to identify two main developments of restricted territorial sovereignty followed by transfrontier pollution, global pollution, extinction of endangered species and ecological destruction.
International law has functioned as a law of coordination of various interests of States in such areas as transfrontier pollution and uses of global commons. It has developed substantive and procedural rules for prevention of transfrontier pollution and conservation of living resources. However, some rules have developed to cope with the need for prevention of a newly emerging global pollution such as destruction of ozone layer and global warming and extinction of endangered species and ecological destruction on earth. National sovereignty has been modified to secure common interests of the world community as a whole or mankind.
The concept of common interests means spatial and temporal solidarity among all states and mankind. It is also closely related to participation by all States in law-making, provision of incentives to secure such participation by developing countries in particular, creation of obligations erga omnes, and legal standing of states whose right were not directly infringed upon to react by resorting to legal remedies, and so on.