The impact of climate change law on the principle of state sovereignty over natural resources

[摘要] ENGLISH ABSTRACT : This dissertation serves to expand the means within international law by which to address theglobal interdisciplinary crisis that is climate change. The principle of sovereignty over naturalresources is identified as a principle of international law, evolutionary in nature,fundamentally connected to the international legal climate change regime, and able to beimpacted by the effects of climate change. The gravity of climate change is illustrated, as isthe intricacy and composition of the international legal climate change regime. In the process,a particular shortcoming of the international legal climate change regime is identified, namelythe lack of state compliance with climate commitments made in terms of the Kyoto Protocol1997 and the Paris Agreement 2015. The gravity of the effects of climate change warrants therepositioning of any principle of international law that is able to address this shortcoming ofthe international legal climate change regime and increase the effectiveness of the regime. Inthis regard it is determined, more specifically, that the gravity of the effects of climate changewarrants a reinterpretation and reconfiguration of the principle of sovereignty over naturalresources. Climate change, forming part of the general, growing, global concern forenvironmental conservation and sustainable development, influences the interpretation andconfiguration of state rights and state duties in terms of the principle by eliciting aninterpretation that restricts state rights and expands state duties. Furthermore, the gravity ofthe effects of climate change on the well-being of people, warrants a reinterpretation andreconfiguration of the principle of sovereignty over natural resources as a people-orientedprinciple as opposed to the conventional state-oriented principle, and ought to be applied withdue regard to the rights of people in terms of the principle. The right of people in terms of theprinciple of sovereignty over natural resources, is identified as the right to economic selfdetermination,which gives effect to the right of people to dispose freely of natural resources.Should this right be promoted in future applications of the principle of sovereignty overnatural resources, the right may well be established as constituting a significant basis onwhich people are able to hold states accountable for climate commitments made in terms ofthe Kyoto Protocol 1997 and the Paris Agreement 2015. In this way, the principle ofsovereignty over natural resources, specifically the implementation of the right of people todispose freely of natural resources in terms of the principle, presents a negative incentive forstate compliance with climate commitments and can contribute to addressing the lack of statecompliance within the international legal climate change regime. In summary, thisdissertation proposes that the grave effects of climate change warrant a repositioning of theprinciple of sovereignty over natural resources that allows it to constitute a contribution toclimate change law and the global fight against climate change.

[发布机构] Stellenbosch University