2021
DOI: 10.1177/00471178211036027
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Global commons law: norms to safeguard the planet and humanity’s heritage

Abstract: The Global Commons – the high seas and the seabed, Antarctica, the atmosphere (including the ozone layer and the climate system), and outer space – have a distinctive status in international relations because these domains play a vital role in ensuring humankind’s survival, the subsistence of the planet, and the intergenerational custodianship of the human heritage. I call global commons law an ‘uncommon’ realm within international law that is composed of principles and practices that dovetail with treaties ai… Show more

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Cited by 10 publications
(9 citation statements)
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References 26 publications
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“…Using this collection of arrangements, a team of coders read each of the 1042 arrangements and identified segments of the texts explicitly mentioning (in various languages) an expression related to the concept of "global commons". We operationalized the frame based on the legal literature looking at the commons and identified three main commons-related principles in addition to the concept of "commons" itself: (1) "common heritage of humankind" (hereafter common heritage), (2) "province of humankind" (province), and (3) "common interest of humankind" (common interest) (Frakes, 2003;Garcia, 2021;Shackelford, 2009;Welly, 2010). 3 Any time one of these expressions appeared in an arrangement, we considered it a variation of the global commons concept.…”
Section: Methodsmentioning
confidence: 99%
“…Using this collection of arrangements, a team of coders read each of the 1042 arrangements and identified segments of the texts explicitly mentioning (in various languages) an expression related to the concept of "global commons". We operationalized the frame based on the legal literature looking at the commons and identified three main commons-related principles in addition to the concept of "commons" itself: (1) "common heritage of humankind" (hereafter common heritage), (2) "province of humankind" (province), and (3) "common interest of humankind" (common interest) (Frakes, 2003;Garcia, 2021;Shackelford, 2009;Welly, 2010). 3 Any time one of these expressions appeared in an arrangement, we considered it a variation of the global commons concept.…”
Section: Methodsmentioning
confidence: 99%
“…Practices of commoning can be applied at any scale, from global to local. At one end of that spectrum, global commons law was created to protect certain areas of Earth (e.g., Antarctica, the high seas, the seabed, and the atmosphere) for all humanity and future generations, and deliberately not restricted to nation-state boundaries or interests (Garcia 2021). At the other end of the scale are specific place-and neighborhood-based commons forms.…”
Section: Enabling the Commonsmentioning
confidence: 99%
“…Promising possibilities for transforming existing institutions or creating new ones to enable commoning are happening from global to local scales. Global commons law, referred to earlier, is unique in ascribing rights and duties to humanity and individuals (including Indigenous Peoples) rather than single nation-states (Garcia 2021). Similarly, in Anishinaabe governance practice, people have a duty "to law" together, which means continually negotiating in dialogue with each other and nature to resolve issues and make collective decisions.…”
Section: Enabling the Commonsmentioning
confidence: 99%
“…Among these, the oceans hold a paramount position as they cover more than two-thirds of the Earth’s surface. Not only do they provide crucial resources and support various ecosystems, but also they serve as essential conduits for transportation, communication and global trade (Garcia, 2021).…”
Section: Introductionmentioning
confidence: 99%