Part VI Actors, Ch.35 The State

Author(s):  
Marauhn Thilo

This chapter assesses the role of the state in international environmental law. The starting point is the Westphalian notion of states' unimpaired freedom of action, increasingly revealed as a ‘myth’. The chapter then considers ideas of contemporary statehood—an element of a global system of environmental governance. Contemporary statehood and its relevance for international environmental law can best be illuminated by focusing on the roles assumed by states as authors, addressees, and guardians of international law. Finally, the chapter discusses the changing role of states in light of ongoing transformations in the international legal system, including the growing plurality of actors, norms, and institutions, as well as the growth of inter-linked networks of states and other actors.

Author(s):  
Thilo Marauhn

Since the early days of modern public international law, the state has been the most important subject thereof. However, today, it is neither the sole, nor necessarily the primary, actor in international (environmental) relations. In recent years, the role of the state and, notably, the ability of the state to address environmental risks and threats, have increasingly come to be scrutinised. While states' standard setting remains important, commentators have argued that the ability and willingness of states to implement and enforce such standards have major weaknesses. Nevertheless, the state remains a truly important actor in international relations. It forms part of international governance, which has become multilevel governance. This article discusses the changing role of the state in international environmental governance. It examines states as authors, addressees, and guardians of international environmental law. The article also considers the over-estimation of Westphalian concepts of sovereignty, international environmental agreements, international environmental obligations, statehood as an element of a global system of environmental governance, and the role of the state in the transformation of the international legal system.


2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.


2020 ◽  
Vol 29 (4) ◽  
pp. 233
Author(s):  
Senko Plicanic

<p>The article analyses the importance of an active role of the state in achieving the Sustainable Development Goals. Its starting point is that despite the fact that today there is a growing recognition in the world that for the implementation of sustainable development an active role of the state and local self-governing communities is indispensable and despite the fact that in Slovenia such a role of the state in implementing sustainable development stems from its Constitution, so far, too little has been done in Slovenia to achieve the Sustainable Development Goals. The purpose of this article is to analyse theoretical arguments and the Constitution in order to show the need for an active role of the state in implementing sustainable development goals, and also to discuss basic steps to be implemented in order to achieve an active role of the state in Slovenia. In this article comparative and analytical methods were used in studying the literature and regulation. The article, based on theoretical arguments and the constitutional analysis, identifies the need for an active role of the state in implementing sustainable development goals, and proposes arguments for it and also basic steps toward an active role of the state. The discussed topic is new and this article contributes to the field some fundamental arguments for the active role of state and for the more comprehensive policy-making. The article offers theoretical and constitutional arguments to be implemented in order to transform the present role of the state from a passive one into an active role and its findings are meant to be used by policy-makers and law-makers as a significant argument to pursue more active role of the state in implementing sustainable development goals.</p>


2010 ◽  
pp. 25-52 ◽  
Author(s):  
Achim Schmid ◽  
Mirella Cacace ◽  
Heinz Rothgang

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