The Limits of National Competences in Environmental Matters

Abstract

The global interest in environmental protection generates limits to the exercise of the sovereign capacities of states, both for rich countries and, above all, for developing countries like Brazil. These limits derive from public mechanisms, from rules in bilateral or multilateral treaties, or from international organizations, as well as from private instruments such as standards developed for production chains, either for corporate environmental responsibility or for the application of resources in investment funds. The article shows, firstly, the progressive transformations in national and international public law that limit the possibilities of choice for agents. Secondly, we address public policies for environmental protection focused on private actors. In the field of public international law, we discuss, on the one hand, the influence of the WTO, the UN, the Mercosur-European Union agreement and the OECD. On the other hand, we examine the influence of contractual relations and global production chains in the realm of private law.