INTERNATIONAL LEGAL DESCRIPTION OF THE ATMOSPHERE AS A NATURAL RESOURCE

Abstract

Abstract. In today’s globalized international relations it is important to provide international
legal regulation of issues previously having no legal regulation in general or having been exclusively
regulated at the national level. One of these is the international legal characteristic of
the atmosphere and air as a natural resource.
The importance of defining legal characteristics in the current development of international
law is on the one hand related to their active transboundary pollution by emissions of all sorts
of industries, on the other – to the need for their immediate economic use, such as for the production
of electricity by wind power, which is one of types of renewable energy. Whereas the
modern international law considers the problem fragmentary, under various international documents
relating even to different branches of international law: environmental law, international
air law, international security.
It can be noted that the modern international law has no unambiguous definition of the status
of the atmosphere and air. However, comparing the various international instruments we
can identify certain characteristics which may be applied: 1 The atmosphere is a natural resource,
the composition of which can affect the health of mankind as a whole, 2 air is a common
resource the state of which affects climate 3. Forbidding of their transboundary Pollution,
4 Permitting of their use in economic purposes, i.e. for power generation, according to environmental
standards produced on the national and international levels.
Key words: international legal status of the atmosphere and air, international environmental
law, the Framework Convention on Climate Change (1992).