PRINCIPLE OF STATE SOVEREIGNTY AND ITS COMPATIBILITY WITH ENVIRONMENTAL OBLIGATION AND PRINCIPLES

Luis Claudio Martins de Araujo, University of Brazil. National Faculty of Law

Abstract

The analysis of the concept, content and features of the General Principles of Law and the International Law Principles is crucial for a normative system comprehension.

The understanding of the International Environmental Law Principles is also essential for the environmental legal system itself and for the recognition as a normative category.

Consequently, the knowledge of the central position of the Law Principles as a whole is mandatory to the coherence and unity of a legal network, especially in the environmental legal system of the new millennium.

Sure that the Principle of State Sovereignty has a significant importance in this framework. The sovereignty of the States is exercised on its territory, but environmental damages do not respect frontiers.

Thus, the compatibility of the Principle of State Sovereignty with environmental obligation and other Law Principles is mandatory to ensure mankind’s sustainable development.

Therefore, this article seeks systemize this subject, pointing out what we considered the most important and trying to bring up a good solution in this complicated equation.