The Concept of ‘International Environmental Public Interest’ and its Role in the Protection of the Global Environment

Academic journal dedicated to the memory of Sombat Wothong: the founder of Faculty of Law, Ubon Ratchatni University, ISBN: 978-974-523-350-8 (2016)

34 Pages Posted: 2 Nov 2016

Date Written: October 12, 2016

Abstract

Many international environment laws have recognized the protection of the global environment as a matter of ‘common concern of mankind’, while they have also recognized the concepts of ‘common heritage of mankind’ and ‘common but differentiated responsibilities’. In light of these developments, it raises a question of whether there is still the need for the concept of ‘international environmental public interest’ in the protection of the global environment. This article aims at considering whether the concept of ‘international environmental public interest’ and the concept of ‘public interest as national interest’ are compatible with the three main concepts in international environmental laws: concept of ‘common heritage of mankind’; concept of ‘common concern of mankind’; and concept of ‘common but differentiated responsibilities’. It involves looking at the necessity of the concept of ‘international environmental public interest’ in international law, while it also considers the concept of ‘public interest as national interest’ and the conflict between the three main concepts and the concept of ‘public interest as national interest’. It concluded that the concept of ‘international environmental public interest’ can help to protect the global environment and is compatible with the three main concepts in international environmental laws because they have the same purpose that is to protect the global environment for the benefit of humankind as whole. But, the concept of ‘public interest as national interest’ which emphasizes on the national interest of each individual country is inconsistent with these three main concepts.

Keywords: international environmental public interest, common concern of mankind, common heritage of mankind, common but differentiated responsibilities, public interest as national interest, protection of the global environment

Suggested Citation

Supasiripongchai, Noppanun, The Concept of ‘International Environmental Public Interest’ and its Role in the Protection of the Global Environment (October 12, 2016). Academic journal dedicated to the memory of Sombat Wothong: the founder of Faculty of Law, Ubon Ratchatni University, ISBN: 978-974-523-350-8 (2016), Available at SSRN: https://ssrn.com/abstract=2862158

Noppanun Supasiripongchai (Contact Author)

University of Phayao - School of Law ( email )

No.19, Village 2, Maeka
Muang, Phayao 56000
Thailand

HOME PAGE: http://www.law.up.ac.th/

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