Introduction

In this chapter, I will examine one narrow aspect of the potential contribution of the notion of ‘environmental justice’ to the body of international law aiming to protect the environment. I will address the question of to what extent ‘environmental justice’ may qualify or limit states’ sovereign powers under international law to use and destroy their environment as they see fit, as long as it does not cause damage to other states.

For two reasons, this focus may strike the reader as counter-intuitive. First, it might be said that this focus is of limited practical relevance since, if one takes into account transboundary effects as well as the effects on the commons of many activities, not much would be left of states’ sovereign rights to exploit their own resources pursuant to their own environmental and developmental policies. Is not everything connected to everything? However, this can easily be exaggerated. The argument would neglect the critical role of thresholds such as ‘significant harm’ in the definition of states’ rights and obligations in regard to environmental harm. It also would understate the degree to which environmental degradation continues largely to be of a local nature.

A second reason why the focus on domestic effects may strike the reader as counter-intuitive is that environmental justice originated as a concept of domestic law, and was used to criticise the domestic environmental policies and laws of some states, notably the United States. It responded to particular specific, local concerns over environmental degradation.