The principle of sovereignty, a cornerstone of the international legal order, exists in a persistent state of tension with international environment law. This tension becomes particularly evident when considered in relation to international rights of nature, which, as previous chapters have shown, exhibit specific and distinct features. Beginning with a historical outline, this chapter traces the evolution of the principle of sovereignty over the past centuries. It identifies four constitutive elements of sovereignty, which have shaped the principle and contribute to its enduring significance in international law. These elements are then contrasted with the defining characteristics of international rights of nature, as outlined in Chap. 3 , to enable a better understanding of concrete areas of conflict between international rights of nature and the traditional foundations of the international legal system. To address these tensions, the chapter explores three ways forward for an international rights of nature approach: the application of rights of nature to the global commons, the conceptual “greening” of sovereignty and the alternative international legal framework offered by earth system law.

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Sovereignty

  • Helen Arling

摘要

The principle of sovereignty, a cornerstone of the international legal order, exists in a persistent state of tension with international environment law. This tension becomes particularly evident when considered in relation to international rights of nature, which, as previous chapters have shown, exhibit specific and distinct features. Beginning with a historical outline, this chapter traces the evolution of the principle of sovereignty over the past centuries. It identifies four constitutive elements of sovereignty, which have shaped the principle and contribute to its enduring significance in international law. These elements are then contrasted with the defining characteristics of international rights of nature, as outlined in Chap. 3 , to enable a better understanding of concrete areas of conflict between international rights of nature and the traditional foundations of the international legal system. To address these tensions, the chapter explores three ways forward for an international rights of nature approach: the application of rights of nature to the global commons, the conceptual “greening” of sovereignty and the alternative international legal framework offered by earth system law.