{"title":"环境干预:环境干预:激进主义理念还是法律工具?根据不干预原则分析环境保护的可能性","authors":"Emma van den Boogaard","doi":"10.1007/s40802-024-00263-7","DOIUrl":null,"url":null,"abstract":"<p>Environmental emergencies are increasingly the subject of debate. As defined in this article, these emergencies start on a State’s territory but can have consequences beyond its borders. The interconnectedness of the environment and the growing concern about environmental threats lead to the question of whether third States might have a legal interest in some of these environmental emergencies. It triggers a debate similar to past debates on human rights violations, resulting in the Responsibility to Protect. This article investigates the circumstances under which States can lawfully intervene without using force in another State in response to environmental emergencies. By analysing the principle of non-intervention and the effect of international environmental law on the scope of the <i>domaine réservé</i>, the article discusses whether certain environmental interventions can be justified under the current legal framework of the principle of non-intervention. The emphasis lies on the no-harm principle and the concept of the common concern of humankind as a means to address environmental emergencies with direct transboundary impacts or those threatening the environment at a global level. The article concludes that the no-harm principle and the concept of the common concern of humankind can potentially reduce the scope of the <i>domaine réservé</i>. Consequently, States’ actions in response to an environmental emergency can be lawful under the principle of non-intervention. This lawful environmental intervention has the potential to develop from an activist idea into a legal tool.</p>","PeriodicalId":43288,"journal":{"name":"Netherlands International Law Review","volume":null,"pages":null},"PeriodicalIF":1.3000,"publicationDate":"2024-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Environmental Intervention: An Activist Idea or a Legal Tool? An Analysis of the Possibilities of Environmental Protection in Light of the Principle of Non-Intervention\",\"authors\":\"Emma van den Boogaard\",\"doi\":\"10.1007/s40802-024-00263-7\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>Environmental emergencies are increasingly the subject of debate. As defined in this article, these emergencies start on a State’s territory but can have consequences beyond its borders. The interconnectedness of the environment and the growing concern about environmental threats lead to the question of whether third States might have a legal interest in some of these environmental emergencies. It triggers a debate similar to past debates on human rights violations, resulting in the Responsibility to Protect. This article investigates the circumstances under which States can lawfully intervene without using force in another State in response to environmental emergencies. By analysing the principle of non-intervention and the effect of international environmental law on the scope of the <i>domaine réservé</i>, the article discusses whether certain environmental interventions can be justified under the current legal framework of the principle of non-intervention. The emphasis lies on the no-harm principle and the concept of the common concern of humankind as a means to address environmental emergencies with direct transboundary impacts or those threatening the environment at a global level. The article concludes that the no-harm principle and the concept of the common concern of humankind can potentially reduce the scope of the <i>domaine réservé</i>. Consequently, States’ actions in response to an environmental emergency can be lawful under the principle of non-intervention. This lawful environmental intervention has the potential to develop from an activist idea into a legal tool.</p>\",\"PeriodicalId\":43288,\"journal\":{\"name\":\"Netherlands International Law Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2024-07-09\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Netherlands International Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1007/s40802-024-00263-7\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Netherlands International Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s40802-024-00263-7","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Environmental Intervention: An Activist Idea or a Legal Tool? An Analysis of the Possibilities of Environmental Protection in Light of the Principle of Non-Intervention
Environmental emergencies are increasingly the subject of debate. As defined in this article, these emergencies start on a State’s territory but can have consequences beyond its borders. The interconnectedness of the environment and the growing concern about environmental threats lead to the question of whether third States might have a legal interest in some of these environmental emergencies. It triggers a debate similar to past debates on human rights violations, resulting in the Responsibility to Protect. This article investigates the circumstances under which States can lawfully intervene without using force in another State in response to environmental emergencies. By analysing the principle of non-intervention and the effect of international environmental law on the scope of the domaine réservé, the article discusses whether certain environmental interventions can be justified under the current legal framework of the principle of non-intervention. The emphasis lies on the no-harm principle and the concept of the common concern of humankind as a means to address environmental emergencies with direct transboundary impacts or those threatening the environment at a global level. The article concludes that the no-harm principle and the concept of the common concern of humankind can potentially reduce the scope of the domaine réservé. Consequently, States’ actions in response to an environmental emergency can be lawful under the principle of non-intervention. This lawful environmental intervention has the potential to develop from an activist idea into a legal tool.
期刊介绍:
The Netherlands International Law Review (NILR) is one of the world’s leading journals in the fields of public and private international law. It is published three times a year, and features peer-reviewed, innovative, and challenging articles, case notes, commentaries, book reviews and overviews of the latest legal developments in The Hague. The NILR was established in 1953 and has since become a valuable source of information for scholars, practitioners and anyone who wants to stay up-to-date of the most important developments in these fields. In the subscription to the Netherlands International Law Review the Netherlands Yearbook of International Law (NYIL) is included. The NILR is published by T.M.C. Asser Press, in cooperation with the T.M.C. Asser Instituut, and is distributed by Springer International Publishing. T.M.C. Asser Instituut, an inter-university institute for Private and Public International Law and European Law, was founded in 1965 by the law faculties of the Dutch universities. The Institute is responsible for the promotion of education and research in international law.