A proteção atmosférica transfronteiriça nos tratados regionais do direito internacional ambiental : paralelos entre os sistemas europeu, africano e asiático

Abstract

This study aims to systematizing the international environmental law of the atmosphere with regard to transboundary pollution, under the methodology of comparative law. Therefore, initially this work presents assumptions required for the systematization and thus describes the factual characteristics of air pollution, propose classifications, exposes their international legal sources and discusses the historical development of the theme in international law. It also discusses the legal nature of the atmosphere and its multidimensional aspect. In addition to the study of the European regional system for the atmosphere protection, the research produced comparative analysis of the three existing international regional systems. Thus, were investigated the European, Asian and African atmospheric transboundary protection systems. The present comparative analysis showed the symmetries, asymmetries and singularities extracted the three systems under discussion and revealed peculiarities denoting ideologies, economic, geographic, social and cultural differences that need to be unveiled to the attempt to seek the necessary synergy for an universal approach about the transboundary air protection by the international society.