Juraeva Nigora
Amanullahanovna Senior science researcher Tashkent state university of Law,
LL.M.
STRENGTHENING OF THE ECOLOGICAL SOVEREIGNTY OF REPUBLIC UZBEKISTAN IN
THE CONDITIONS OF THE INTERNATIONAL ECOLOGICAL INTERESTS
The paper discusses the
key environmental issues of the sovereignty of Uzbekistan in the conditions of
globalization of the world, and in particular, examine the question of state
sovereignty over natural resources, international environmental interest, as
well as the specific features of ecological sovereignty in general.
Key words: environmental
sovereignty, international environmental interest, globalism, natural
resources.
In modern conditions
the expansion of the "global companies" sphere of influence of
capitalism (multinationals) creates such a powerful economic social and
political institutions, which in its capabilities exceed the individual States
and actually stand "on various nations and states."
This directly
leads to the relevance of ecological safety and environmental sovereignty
concerns. Topical problems of strengthening of ecological sovereignty of States
is explained by the fact that in foreign, especially published in developed
countries, the literature "significant efforts to change the positive
image of the national state and legal institutions in favor of the
multinational, market, and particularly the financial and" modern
political journalism "is not stops talking about the crisis of the nation
state because of its failure to maintain its own forces in society “economic, environmental, civil and even spiritual
order” in the conditions of
globalization "[i].
It should be
emphasized when it comes to limiting the environmental sovereignty, then it is
necessary to bear in mind only the internal "side", rather than an
international scale. The so-called "international environmental
interest" pursues primarily economic objectives. Therefore, the main
conclusion in this regard is that the international interests, which in most
cases represent the interests of the developed countries should not act as a
factor for determining the limit environmental sovereignty. Based on this
understanding can be attributed to the fact that the international interests of
environmental protection have become an objective factor influence on the
realization of sovereign rights to the exploitation of its natural resources of
States ".[ii]. Among other things, in Uzbekistan in the state, is gaining more and
more rapid social and economic development and who is, like most countries in
the world in a state of complacency from the legacy of our ancestors of natural
and other wealth, an environmental sovereignty determines the application of
the rule of power in order to protect national environmental rights against the
threats of globalization.
Thus, the problem
of raw materials export model of the economy of the modern state with the
nature-exploiting priorities dictated by the need to find new areas of economic
development, the transition to sustainable development and "green"
economy and support economic and legal instruments[iii].
Environmental
sovereignty is fundamentally and essentially, is limited, as if in the
activities of the state can be traced at least some measures aimed at the
rational use and protection of the environment, it is the self-limitation of
the right of its features. Another question, when the state based on the
satisfaction of their economic needs and referring to the full sovereignty,
violates a reasonable rate of exploitation of natural resources, developing its
economy very extensive way, without taking into account environmental interests
of its people and the population of neighboring countries, and that by ignoring
the laws of nature and norms of international law. In such cases, of course, it
is possible to raise the question about the limits of ecological sovereignty,
and therefore the validity of the competence of the state in the management and
protection of the environment is no longer a purely internal affair. In this
regard, a well-known expert in the field of international law, O.N.Hlestov
writes: "The activities of states, leading to the destruction of the environment,
it is not now the issue only within the domestic jurisdiction of the state. In
this area, there is the same change as in the protection of human rights: these
problems have become international»[iv]. With this approach we can agree, if these practice to accept as the
only sure way to get involved in environmental sovereignty. And what about the
facts of intervention by the international community, when there is no
"activities, leading to the destruction of the environment? Anyway, the
world is developing the concept, according to which the limitation of
sovereignty understood as almost normal for international law, dictated by new
orders in relation to natural resources and their conservation. Environmental
sovereignty of the state has its own specifics: 1) recognition of the
environmental sovereignty itself involves the use of natural resources in
relation to the two controversial issues of the rule of power: the full rule
over the natural resources and the limitation of the sovereignty of the purpose
of rational use and protection of the environment; 2) anti ecologic actions of
other states (such as transboundary pollution) is underestimated as a violation
of sovereignty.
Recently,
however, when it comes to natural resources of the individual, especially in
developing countries, they are primarily treated as objects of economic
interests of industrialized countries. With regard to their environmental
value, it is as if overshadowed. To justify such a trend is now thought out
different concepts and clearly aware of the development of the world economic
system, all this against the principle of sovereignty of the state. Sometimes
it comes to frank, brutal disregard officially recognized in international law,
the sovereign right of states over their natural resources. To justify
international intervention in the sovereignty of the environmental arguments
are different. In particular, in the past, the United Nations Secretary General
Kofi Annan in a speech in the Security Council drew attention to the fact that
"... the process of globalization limits the ability of states to control
their economies, regulate their financial policies, and isolate themselves from
environmental damage and human migration”
[v]. Other experts, counting on the fact that the immediate danger of a
general environmental disaster will force all over the world (including those
developing States that are most persistent in defending its absolute
sovereignty and independence in their one-sided understanding) to recognize the
natural resources the common heritage of mankind.[vi] In support of the limitation of sovereignty with respect to natural
resources may include statements that "... today is appropriate to raise
the question of the limited effect of the principle of state sovereignty and
sovereign rights over resources"[vii]. For the Uzbek state, possessing enormous material, social and
spiritual values and have their various national interests do not always
coincide with the values and interests of other countries, and even more so -
the transnational banks and corporations, questions of ecological sovereignty
and provide it in various fields and forms - this is not abstract or minor
issues that it must in the present, to decide for your self-preservation and
further development.
Interests of
globalization in relation to natural resources of sovereign states in the press
is assessed as a new, more sophisticated and insidious variant of aggressive
expansionism, the implementation of which there is no direct forcible seizure,
attachment or submission to foreign lands, but there is retraction of other
states in the sphere of influence of its economic strength with a view to the
economic , financial domination and suppression, cavalier impose their
political and spiritual values, distorting the mentality of people undergoing
such aggression"[viii].
When it comes to ensuring the ecological sovereignty,
it is necessary to pay attention to the statements of some theorists of
international law, mainly American and European, on the right to so-called
"humanitarian intervention", the essence of which is that in the case
of the establishment of the state, or even more States substantial violations
of human rights and freedoms in a particular region outside their borders, they
shall have the right, without observing the prescribed UN Charter procedures
independently take action violence, to eliminate occurring offenses, or even
invade the traditional sphere of any sovereign state, not supposedly capable or
not wishing to observe in its territory recognized human rights and freedoms,
or creating a threat to international security.
Thus, the ecological sovereignty - a full supremacy of the state over
their own natural resources, which primarily sold as the right to dispose of
these riches, where important, is the duty of the State to implement policies
for the rational use and protection in order to meet the interests of present
and future generations. It can only be restricted on the basis of the need for
rational use and protection of natural resources.
Reference
[i] Cm: Осьмова M.H. Государство в эпоху глобализации // Глобализация мирового хозяйства и эволюция экономической роли государства / Под ред М.В.Кулакова; М., 2001, С.5-9; Дубянская Г.Ю. Глобализация и разв1ппе как императивы XX1 в. и шансы России // Глобализация мирового хозяйства и эволюция экономической роли государства/ С. 125-143; Андреев АЛ. Современная Россия в неустойчивом мире: объективные реалии в зеркале массового сознания // Философия хозяйства. 2002. X» 2 (20). С. 41-52 и др.
[ii] Соколова НА. Международно-правовые пределы осуществление суверенитета над природным ресурсами / в кн.: Международное право. (Научный журнал) //МРУДН. 2009. № 1 (37) - С.6.
[iii] Бобылев С.Н. Экологическое право: в поисках нового экономического базиса./ Экологическое право, №6, 2014. С.17.
[iv] Хлестов О.Н. Международно-правовые проблемы окружающей среды // Московский журнал международного права. 1996. №4. С.152.
[v] Кофи А.Аннан. Проблемы вмешательства. Опубликовано ООН. Департамент общественной информации. //NY 10017.USA/
[vi] Копылев М.Н Ведение в международное экологическое право. С. 204.
[vii] Копылов М.Н. Право на развитие и экологическая безопасность развивающихся государств (международно-правовые вопросы) //М.,2000. С. 359.
[viii] Фроянов И. Погружение в бездну. М., 2001. С. 13