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 aimed at protecting humankind. These laws have an atypical purpose and are characterized by a commonality of interests based on the view that safeguarding these domains is in the interests of developing and developed countries alike, with scientists, activists, and international institutions jointly having a convening power to maintain peace. To elaborate on the impact and implications of the global commons law, I explain three of its functions: guardianship of future generations; creation of a comity for peace and peaceful settlement of disputes; and setting norms as the foundation for peaceful relations. These norms in turn have four key objectives: they provide common ground for peace and cooperation; ensure equity between rich and poor countries; create a forum for equitable burden-sharing; and prevent future harm. The Global Commons face threats – melting ice caps, greenhouse gases, and overfishing – that imperil the survival of humanity. This is then the moment to update and strengthen the mechanisms of global commons law.