Right to Intervention and Right to Ecologic Intervention: New Themes in a New Political Arena?

42 Pages Posted: 11 Mar 2005 Last revised: 22 Nov 2012

Marcelo Dias Varella

University Center of Brasilia; University of California, Berkeley - School of Law

Date Written: June 1, 2003

Abstract

The United Nations Organization Security Council contributes with a new intervention concept, that goes much beyond the years 80 classic forecast of intervention. Fortunatelly, the environment still does not figure among the different subjects susceptible to be connected to an intervention, but it can soon become a sufficent reason, and this would be the beginning of a new North-South relation, concernig sustainable development; the cooperation between countries would become more than necessary, and the environmental responsibility would be an obligation. The intervention right, superior to the sovereignty considerations, has the power to establish new parameters for the North-South relations about environment protection.

Thus, the legal and political construction of intervention is recent and evolves fast. The number of intervention situations was multiplied, as well as its reasons. The environment appears as another subject enough to justify the intervention, bringing alteration in the negotiation parameters between the North and South. Moreover, this context is marked by the incapacity of the South countries to participate in this new legal construction.

Notes: Downloadable document is in French.

Keywords: droit international, international law, droit d'ingerence, duty to intefere, humanitarian ingerence, ecological ingerence

JEL Classification: K32, K33

Suggested Citation

Varella, Marcelo Dias, Right to Intervention and Right to Ecologic Intervention: New Themes in a New Political Arena? (June 1, 2003). Available at SSRN: https://ssrn.com/abstract=675041 or http://dx.doi.org/10.2139/ssrn.675041

Marcelo Dias Varella (Contact Author)

University Center of Brasilia ( email )

Programa de Mestrado e Doutorado em Direito
SEPN 707/907, Bloco III, Terreo, Asa Norte
Brasilia, DF 71607-050
Brazil

HOME PAGE: http://www.marcelodvarella.org

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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