Mecanismos e procedimentos de controle de conformidade : solução de controvérsias ambientais globais não jurisdicionais

Abstract

Principles, concepts and general pillars that sustain the traditional International Law are no longer efficient in dealing with recent cross-border environmental problems worldwide. The very nature of these new challenges lies on their unique qualities, for they are multidisciplinary, transversal and multilateral. In face of this issue the new principles, concepts and pillars of International Environmental Law were devised. In the face of the organizational architecture and the presence of extra-governmental and governmental actors in discussions on environmental risks, the majority of which range far above the limits of anthropic activities, traditional international treaties were gradually set aside by environmental regiments. The commitments with the search for sustainable development and, consequently, with the protection of the global environment, have thus been assigned in several Framework-Conventions and Protocols. In this sense, global governance appears to have been an efficient means for conciliating the common interests of mankind, as well as to articulate legal, social, economical, scientific and technical knowledge. Bearing in mind the aforementioned contemporary scenario of International Law, the matter brought into consideration in this dissertation is not which environmental commitments were established in binding documents. The aim of this research focused rather on their noncompliance, as well as on the matter of determining whether which judicial path would be adequate to settle environmental conflicts among governments. Since the answer to this question happened to be a negative one, we have searched for an alternative on the international legal sphere, in order to resolve or at least manage environmental conflicts derived from noncompliance of obligations provided for by law and assumed by different national states in their environmental legal regiments.