La defensa del patrimonio y de las preocupaciones comunes de la humanidad

Abstract

How to defend environment as it scapes the territorial logic of a sovereign State, such as the high seas or migration birds? The current means to defend this res communis, which we will define as "global concerns": common wellbeing and concerns will depend on the capability to act, and on the instances provided by the present International Law. In the light of its inadequacy, the actio popularis or other institutions such as the WEO show signs of eventual solutions. Keywords Res nullius/res communis-"common heritage" of mankind-"common concerns"-Actio popularis.

Colonizing the atmosphere: a common concern without climate justice law?

“…This consideration is in line with a specific doctrinal approach that considers this space as global and common (Brown Weiss et al 1991;Leigh 1992). In this respect, the notion of "common concerns" goes even further than the terms common spaces or common heritage, since it is not restricted to national borders, but encompasses problems indistinctly located outside or under the sovereignty of any State (Mönckeberg 2012).…”