Globalizacion y proteccion ambiental. amenazas, tendencias y desafios del derecho internacional del medio ambiente

Abstract

In the first part, the role played by the international regulations in the area of environmental protection is discussed. In this respect, the predominance of the so-called soft law instruments in the development of international environmental laws is criticized. Likewise, the functions that the international instruments fulfill, such as the establishment of the principles of environmental laws, the choice of certain instruments of environmental management over others, and the integrating role of the lacunae in domestic laws are stated. In the second part, threats, trends, and challenges that globalization presents in the face of environmental protection. Among the threats, risks of cross-border pollution, poverty as a hindrance to reach appropriate environmental protection levels, technological inequality, the obsolescence of its regulations, the inexistence of an international environmental entity, etc. can be found. Among the trends of globalization, the constitutionalizing phenomenon of environmental protection and the status achieved by environmental protection as a principle of public international law can be identified. Finally, as far challenges are con-cerned, the role played by sustainable development is explored. Here, various implications that such a principle presents, especially for life quality, intergenerational solidarity, and the sensible use of natural resources are analyzed.