CYIL vol. 13 (2022)

CYIL 13 ȍ2022Ȏ

ENVIRONMENTALIZÁCIA MEDZINÁRODNÉHO PRÁVA VEREJNÉHO…

Juraj Jankuv Environmentalizácia medzinárodného práva verejného a jej vplyv na právo Európskej únie a právny poriadok Slovenskej republiky Praha: Leges, 2021. 338 pages ISBN 978-80-7502-580-7 [The Influence of Environmentalization on Public International Law and its Impact on the Law of the European Union and the National Law of Slovakia] This year marks the 50 th anniversary of the 1972 United Nations Conference on the Environment in Stockholm, which could be considered the foundation of the effort of the international community in the complex protection of the living environment. Its Declaration and Action Plan for the Human Environment and several resolutions contain 26 principles that are considered the base for further legislation in the form of custom law, international treaties, and the documents of soft law. A number of international agreements and treaties in the area of environmental protection refer to the Stockholm principles. As the author of the reviewed monograph, prof. JUDr. J. Jankuv, states that the given period is characterized by the establishment of the international law of the environment which can currently be defined as an area of public international law (p. 13). We should stress in this respect that the area of international legal protection of the environment is new and in the process of creation. Its emancipation from other branches that regulate international spaces and also in areas where the states execute their exclusive and complete sovereignty (national territory regime) was possible due the urgency and importance of legislation of environmental protection on the international level. 1 The reviewed monograph is a complex work aimed at the investigation of the international legal protection of the environment and its influence on the law of the European Union and the law of the Slovak Republic. The author applies the norms of public international law in the area of international regulation of the protection of the environment. He deals with the subject matter both from the perspective of general concepts and institutes of public international law and its general part, and from the perspective of the separate branches of international law – particular part. The monograph and its author confirm that the international law of the environment penetrates the whole area of international law and that the title used in the original “environmentalization” of public international law is completely fulfilled in its part. The first chapter deals with the development of the international law of the environment. Individual periods – traditional period, modern formation period of the international law of the environment, and postmodern period of the development of the international law of the environment are briefly defined. The traditional period is defined by the author as the period since the end of 19 th century till the beginning of the 1970s. This period is characterized by the establishment of a small number of international rules. These could be described as individual partial regulations in various areas. The second modern period according to prof Jankuv starts with the above-mentioned Stockholm in 1972 and continues till the Rio de Janeiro convention in 1992. The third postmodern period has been going on since the Rio 1 ŠTURMA, P., DAMOHORSKÝ, M., ONDŘEJ, J., ZÁSTĚROVÁ, J., SMOLEK, M. International Environmental Law, part I. Beroun: Eva Rozkotová IFEC, 2004, p, 8.

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