Principles of international environmental protection - Introduction to International Environmental Law - page 88

self-determination. These states are under increasing pressure not only to
acknowledge the self-determination of indigenous peoples but also to decide
how indigenous peoples can have legal affi rmation and protection for their
traditional lands and waters. This implies that environmental protection, too,
will become more and more an integral part of the self-determination of indig-
enous peoples in their traditional areas. Indigenous peoples have often
suggested at international forums that they can be a model for other peoples
in a world plagued by global environmental challenges: they have lived in
harmony with nature for thousands of years. The declaration, in many of its
provisions, confi rms this close and multi-dimensional relationship between
indigenous peoples and their traditional territories as well as providing explic-
itly that 'Indigenous peoples have the right to the conservation and protection
of the environment and the productive capacity of their lands or territories and
resources …' (Article 29 7 ).
Limits of territorial sovereignty: Svalbard Islands and the EU
as case examples
The usual state rights relating to territorial sovereignty are not valid every-
where. Let us now look at two cases in which territorial sovereignty was
restricted by an international treaty, which also infl uence environmental
protection by the sovereign states. The fi rst case is the Svalbard Islands archi-
pelago, the sovereignty of which was established by treaty in 1920. The other
case we will examine in this section is the EU, which signifi cantly affects the
sovereignty and environmental protection of its member states.
Svalbard Islands
After lengthy negotiations, an agreement was reached in 1920 submitting the
Svalbard Islands archipelago to Norwegian sovereignty. 8 The original parties
to the treaty (today there are over 40 parties) very clearly acknowledge
Norwegian territorial sovereignty, but Article 1 distinctly renders this 'absolute
sovereignty' limited. From an international environmental law perspective, it
is interesting to note that as far back as 1920, there were expectations of
Norway to protect the environment; see under Article 2 (2):
Norway shall be free to maintain, take or decree suitable measures to ensure
the preservation and, if necessary, the reconstitution of the fauna and fl ora
of the said regions, and their territorial waters; it being clearly understood
that these measures shall always be applicable equally to the nationals of all
the High Contracting Parties without any exemption, privilege or favour
whatsoever, direct or indirect to the advantage of any one of them.
A comprehensive environmental protection act tailored by Norway for
Svalbard Islands entered into force in 2002. To date, a total of 1,195