The Influence Of International Legal Personality
Traditionally, under basic principles of public international law, only some actors actually have international legal personality. International legal personality ‘involves the capacity to perform legal acts on the international arena rather than within a municipal law system’ (Damrosch et al., 2001: 360). States have international legal personality. However, the concept of international legal personality has widened ‘beyond the state’ and, inter alia, applies to certain international organizations (Damrosch et al., 2001: 249–50).These entities thereby have the formal capacity to make international law. There are actors with formal capacity to make international environmental law as well as actors who, although without formal capacity (or whose formal capacity remains debated), still exhibit the ability to influence, and in some cases effect, international environmental law.
These actors are as follows.
1. States A state is a sovereign entity with a permanent population, defined territory, its own government, and that engages in, or has the capacity to engage in, formal relationships with other states.
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States negotiate, adopt, sign, ratify, and then implement international conventions, treaties, protocols, and agreements. Moreover, state behavior undertaken out of a sense of legal obligation creates customary international law. Insofar as international treaties and custom are the most important sources of international environmental law, states remain the most important actor in international environmental law. Paradoxically, just as states are the most important actors formulating international environmental law, states also can serve as the most important source of international environmental problems. States create the problems that, in turn, they seek, or are called upon, to rectify through
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