ABSTRACT

The actions of one state may cause environmental deterioration in another state, or, alternatively, the actions of one state may contribute to patterns of global environmental change with adverse implications for all. This chapter examines the justifications of national sovereignty and self-determination. It considers the possible foundations of a moral claim to environmental protection and, since contemporary moral debate is dominated by the discourse of rights, discusses the possibility of establishing this claim as the human right to an adequate environment and shows that, although it is persuasive at first sight, any such environmental right is theoretically problematic. The chapter concludes by suggesting that the language of rights is not appropriate to the environment and that, while there may be a duty to protect the environment, there is no corresponding right to an adequate environment.