Graduate School of International Studies Ajou University
In this scientific piece, it is very evident that we have questioned the effective application of environmental dispositions to combat climate change. Even though we have lots of enacted protocols and other forms of environmental provisions, they have not gone a long way to help curb the devastating climate change effects. Even the super power considered the ？hegemon state？- United States of America, have not ratified the main climate change document which is the Kyoto protocol and this has somehow lured some other countries not to take the provisions found in the latter protocol to the letter. In as much as other factors account for this failure, it will be very instructive for us to qualify that the state is a preponderant actor which have not fulfil its obligations. It was in the light of the state？s incompetent and incapacity that Hans Morgenthau portrayed the complexity surrounding the state and preserving the environment. These two notions (conservation of nature and sovereignty) are all fundamental principles of international law. He postulates that international law can impose constraints upon nations when sovereignty preludes a sovereign state been subject to legal constraints. In fact he therefore concludes by saying that sovereignty is incompatible with a strong international law like climate change. From Morgenthau？s lucid conclusion, it is clear that even though principle emerging from Stockholm and Kyoto are playing a role, they do it very shallowly. That is why we try to portray the failures while at the same time advancing some propositions to help ameliorate the deteriorating situation.