The prohibition of severe environmental destruction as an ius cogens norm

Finn Tizian Paul Wagner (Student)

Student thesis: Master's Thesis

Abstract

This thesis attempts to justify the formation of an environmental ius cogens norm mainly by arguing from two different points of view: The first perspective points bottom-up, identifying fundamental values regionally to then enlarge their scale to the universal ius cogens level. In this context, the focus will lie on fundamental rights theory, specifically on human rights and constitutional law. The second approach is less conventional since it tries to transcend the positivist requirements for an ius cogens norm formation. The main goal will be to argue, from a natural law philosophical starting point, that due to the prior position of nature to our existence, as it is demonstrated by natural sciences, some positivist arguments are not entirely convincing within the environmental ius cogens norm debate. It is therefore a top-down approach, arguing in favour of an obligatory sense for natural protection, or against severe environmental destruction, due to our given, physical reality, not just because of metaphysical aspirations.