ZLATNI STANDARD Pregled državne odgovornosti u međunarodnom pravu zaštite životne sredine
THE GOLDEN STANDARD The Epitome of State Responsibility in International Environmental Law
Author(s): Vlad BărbatSubject(s): Civil Law
Published by: Advokatska komora Vojvodine
Keywords: state responsibility; climate hegemony; international rule of law; ex delicto; sine delicto principle; common concern; climate change; golden standard
Summary/Abstract: This article examines how the right to a healthy environment became a human right and how it was internationalized in response to the idea that transboundary damage existed. First, we discuss how this evolution of the study and regulation of environmental rights led to the creation and growth of international law concerning the environment. In the second part, the article deals with the key features of this institute (the right to a healthy environment) and its academic place within the environmental field and focuses on the international responsibility of the state when violating a regulation and damaging the right of another sovereign state or territorial area outside its national jurisdiction. Third, we highlight the diverse but similar state responsibilities by investigating this type of state accountability as a foundational idea of international environmental law and illustrate how support for a number of international standards helps nations come together on a worldwide scale to work toward sustainable development and the recovery of the terrestrial environment. Lastly, we seek and addresses how these two categories of state duty enable global environmental conservation
Journal: ГЛАСНИК АДВОКAТСКЕ КОМОРЕ ВОЈВОДИНЕ - часопис за правну теорију и праксу
- Issue Year: 84/2024
- Issue No: 4
- Page Range: 1402-1437
- Page Count: 36
- Language: English, Serbian