{"title":"环境托管和国家主权:它们能调和吗?","authors":"K. Bosselmann","doi":"10.1080/20414005.2020.1757862","DOIUrl":null,"url":null,"abstract":"ABSTRACT The call for Earth trusteeship cannot easily be reconciled with state sovereignty. The concept of state sovereignty emerged at a time of great distances and absolute national autonomy. In a globalised, interconnected world that utterly depends on the integrity of Earth’s ecological systems, absolute territorial sovereignty is counterproductive and potentially life threatening. Arguably, the time is right for reconceptualisation state sovereignty. Sovereignty includes not just fiduciary and trusteeship obligations towards the state’s own citizens, but also towards humanity at large and Earth as a whole. The current UN reform process including Agenda 2030 offers a window opportunity for institutionalising Earth trusteeship at international and national levels.","PeriodicalId":37728,"journal":{"name":"Transnational Legal Theory","volume":"11 1","pages":"47 - 61"},"PeriodicalIF":0.0000,"publicationDate":"2020-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20414005.2020.1757862","citationCount":"1","resultStr":"{\"title\":\"Environmental trusteeship and state sovereignty: can they be reconciled?\",\"authors\":\"K. Bosselmann\",\"doi\":\"10.1080/20414005.2020.1757862\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT The call for Earth trusteeship cannot easily be reconciled with state sovereignty. The concept of state sovereignty emerged at a time of great distances and absolute national autonomy. In a globalised, interconnected world that utterly depends on the integrity of Earth’s ecological systems, absolute territorial sovereignty is counterproductive and potentially life threatening. Arguably, the time is right for reconceptualisation state sovereignty. Sovereignty includes not just fiduciary and trusteeship obligations towards the state’s own citizens, but also towards humanity at large and Earth as a whole. The current UN reform process including Agenda 2030 offers a window opportunity for institutionalising Earth trusteeship at international and national levels.\",\"PeriodicalId\":37728,\"journal\":{\"name\":\"Transnational Legal Theory\",\"volume\":\"11 1\",\"pages\":\"47 - 61\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-04-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20414005.2020.1757862\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Transnational Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20414005.2020.1757862\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Transnational Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20414005.2020.1757862","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Environmental trusteeship and state sovereignty: can they be reconciled?
ABSTRACT The call for Earth trusteeship cannot easily be reconciled with state sovereignty. The concept of state sovereignty emerged at a time of great distances and absolute national autonomy. In a globalised, interconnected world that utterly depends on the integrity of Earth’s ecological systems, absolute territorial sovereignty is counterproductive and potentially life threatening. Arguably, the time is right for reconceptualisation state sovereignty. Sovereignty includes not just fiduciary and trusteeship obligations towards the state’s own citizens, but also towards humanity at large and Earth as a whole. The current UN reform process including Agenda 2030 offers a window opportunity for institutionalising Earth trusteeship at international and national levels.
期刊介绍：
The objective of Transnational Legal Theory is to publish high-quality theoretical scholarship that addresses transnational dimensions of law and legal dimensions of transnational fields and activity. Central to Transnational Legal Theory''s mandate is publication of work that explores whether and how transnational contexts, forces and ideations affect debates within existing traditions or schools of legal thought. Similarly, the journal aspires to encourage scholars debating general theories about law to consider the relevance of transnational contexts and dimensions for their work. With respect to particular jurisprudence, the journal welcomes not only submissions that involve theoretical explorations of fields commonly constructed as transnational in nature (such as commercial law, maritime law, or cyberlaw) but also explorations of transnational aspects of fields less commonly understood in this way (for example, criminal law, family law, company law, tort law, evidence law, and so on). Submissions of work exploring process-oriented approaches to law as transnational (from transjurisdictional litigation to delocalized arbitration to multi-level governance) are also encouraged. Equally central to Transnational Legal Theory''s mandate is theoretical work that explores fresh (or revived) understandings of international law and comparative law ''beyond the state'' (and the interstate). The journal has a special interest in submissions that explore the interfaces, intersections, and mutual embeddedness of public international law, private international law, and comparative law, notably in terms of whether such inter-relationships are reshaping these sub-disciplines in directions that are, in important respects, transnational in nature.
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