PARAMETERS FOR COLLECTIVE ECOLOGICAL INTERFERENCE IN A COOPERATIVE INTERNATIONAL SOCIETY

This article starts with a brief normative overview of the principle of sovereignty to then explore its content and transformations throughout history, which have led to the enhancement of its external function to safeguard common core values, such as the protection of the human right to the environment. It is demonstrated that this new stage demands from international society a duty to intervene in the event of inaction by States of origin to take due diligence to prevent or hinder the aggravation of serious ecological risks of catastrophic proportions. However, the fulfillment of this obligation must comply with the parameters already established for humanitarian interference, otherwise there is a serious risk of distorting its objectives. Using a qualitative approach, the research examined bibliographic and documentary sources from which it was possible to reach conclusions based on the analytical-deductive method.

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Publication Details

Journal
Revista do Curso de Direito do UNIFOR
Published
2024-11-04
DOI
https://doi.org/10.24862/rcdu.v15i2.1897
Primary Topic
International Environmental Law and Policies
Type
article
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article

PARAMETERS FOR COLLECTIVE ECOLOGICAL INTERFERENCE IN A COOPERATIVE INTERNATIONAL SOCIETY

Walmir Coelho da Costa Santos
Revista do Curso de Direito do UNIFOR
International Environmental Law and Policies
article

PARAMETERS FOR COLLECTIVE ECOLOGICAL INTERFERENCE IN A COOPERATIVE INTERNATIONAL SOCIETY

Walmir Coelho da Costa Santos
article en

Abstract

This article starts with a brief normative overview of the principle of sovereignty to then explore its content and transformations throughout history, which have led to the enhancement of its external function to safeguard common core values, such as the protection of the human right to the environment. It is demonstrated that this new stage demands from international society a duty to intervene in the event of inaction by States of origin to take due diligence to prevent or hinder the aggravation of serious ecological risks of catastrophic proportions. However, the fulfillment of this obligation must comply with the parameters already established for humanitarian interference, otherwise there is a serious risk of distorting its objectives. Using a qualitative approach, the research examined bibliographic and documentary sources from which it was possible to reach conclusions based on the analytical-deductive method.

Revista do Curso de Direito do UNIFORVol. 15(2)
Universidade de Caxias do Sul (BR)
Openalex Percentile: Top 64%
International Environmental Law and Policies
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