State sovereignty and transboundary environmental damage

Abstract

The present work has as object of research the transboundary environmental damages and proposes a critical reflection on the need to improve the classic sense of the concept of state sovereignty. It has been noticed consequences of environmental degradation beyond geopolitical concept of national territory affecting, directly or indirectly, the whole planet. Can the States exercise so rigid domestic power, based on a territorial sovereignty that delimits geopolitical areas despite the character of transboundary environmental damage?  How International Law can regulate the interdependence of the global environment? This reflection does not propose the abolition of the sovereignty, on the contrary, it seeks the inclusion of environmental conservation as a genuine characteristic of sovereignity, reaffirming its concept as a manifestation of States power limited by human rights, in particular, the right to a balanced environment.