In this work, not only scientific facts about the climate change and its reasons will be mentioned but also the impacts of recognising climate change as a “global concern” in International Law shall be
described.
Table of Contents
1 Introduction
2 Climate Change as a Global Concern
2.1 Climate Change as a Global Problem
2.2 Climate Change as a Global Concern
3 International Climate Change Legislation
3.1 The Protection of the Atmosphere
3.1.1 The Trail Smelter Arbitration
3.1.2 The Concept of “shared resources”
3.1.3 The proposal to declare the global climate as “common heritage of humankind”
3.1.4 The climate change as “common concern of mankind”
3.2 Pollution Control
3.2.1 The Stockholm Declaration on the Human Environment
3.2.2 The Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol
3.2.3 The UN Convention on Climate Change and the Kyoto Protocol
4 Impacts of the Recognition of Environmental Threats as a “Global Concern”
5 Conclusions
Research Objectives and Core Themes
The primary objective of this work is to evaluate whether climate change qualifies as a "global concern" within international law and to analyze how international legislative frameworks have responded to this threat. The research explores the transition from traditional environmental principles to specific international conventions, questioning the effectiveness of legally binding obligations versus symbolic declarations in addressing global environmental crises.
- Analysis of the legal conceptualization of "global concerns" and "common heritage of humankind."
- Evaluation of historical environmental legislation, including the Trail Smelter Arbitration and Stockholm Declaration.
- Critical assessment of the UNFCCC and the Kyoto Protocol in the context of emissions reduction.
- Investigation into the development of customary law and the emergence of "erga omnes" obligations in environmental protection.
Excerpt from the Book
3.1.3 The proposal to declare the global climate as “common heritage of humankind”
Moving to the question of declaring the atmosphere or the global climate as the “common heritage of humankind”. Such a proposal came from Malta at the 43rd session of the United Nations General Assembly in 1988. Until then only the deep sea-bed and the moon have been declared as “common heritage” by international treaties. The first got its status from the 1982 United Nations Convention on the Law of the Sea, the second from the 1979 Moon Agreement. Both treaties stipulate an international regime to supervise the exploitation of the natural resources of these bodies. Furthermore the benefits have to be shared in an equitable way by all parties. As Brunnée pointed out, the common heritage of mankind approach is based on the idea that “a given resource can be preserved, managed and equitably used only by the international-community as a whole”.
The application of this concept in relation to environmental issues is rather limited. In the first place industrialised countries have always opposed the principle of sharing the benefits. In addition limitations inherent in the common heritage approach because it was originally a concept of ownership. Particularly, it has been derived from the Roman law concept of “res omnium communes”. The latter means that the property cannot be appropriated by anyone, but is available for all to use. Finally, “the atmosphere does not constitute an asset to be exploited for the sake of humankind”. In fact it is an object to be protected from destruction by human activities.
Summary of Chapters
1 Introduction: Provides an overview of scientific facts regarding climate change and outlines the deductive methodology used to examine international legal responses.
2 Climate Change as a Global Concern: Discusses the nature of climate change as a global threat that requires collective action rather than unilateral state measures.
3 International Climate Change Legislation: Examines specific legal frameworks, starting from atmospheric protection principles through to modern pollution control conventions.
4 Impacts of the Recognition of Environmental Threats as a “Global Concern”: Analyzes how recognizing environmental threats as "global concerns" accelerates the development of customary law and peremptory norms.
5 Conclusions: Summarizes that while traditional principles are insufficient, modern treaties like the Kyoto Protocol provide more robust, legally binding mechanisms to combat climate change.
Keywords
Climate Change, International Law, Global Concern, Environmental Legislation, Common Heritage, Pollution Control, Montreal Protocol, Kyoto Protocol, Customary Law, Erga Omnes, Greenhouse Gases, Sustainable Development, Transboundary Pollution, Jus Cogens, Environmental Threats
Frequently Asked Questions
What is the central focus of this work?
The work examines whether climate change can be legally defined as a "global concern" and how international law has evolved to create effective, binding obligations to mitigate this global threat.
What are the primary thematic areas covered?
The key themes include the conceptualization of global environmental threats, the history of transboundary pollution legislation, the "common heritage" versus "common concern" doctrines, and the role of international conventions.
What is the core research objective?
The primary objective is to determine if current international frameworks are sufficient to address climate change as a global concern and to identify the impacts of recognizing environmental risks as matters of international interest.
Which scientific method is utilized?
The author employs a deductive method, assessing existing rules of international law based on their formal modes of creation, such as ratified international conventions.
What topics are discussed in the main body?
The main body covers the Trail Smelter Arbitration, the concept of "shared resources," the role of the Stockholm and Vienna Conventions, and the specific commitments established by the UNFCCC and the Kyoto Protocol.
Which keywords best describe this research?
Key terms include Climate Change, Global Concern, International Environmental Law, Kyoto Protocol, Customary Law, and Common Heritage of Humankind.
Why is the "common heritage of humankind" concept difficult to apply to the atmosphere?
The concept implies ownership and resource exploitation, whereas the atmosphere is not an exploitable asset in the same way as the deep sea-bed; rather, it is a resource that requires protection from destruction.
How does the Kyoto Protocol differ from previous climate agreements?
Unlike the generally formulated provisions of the UNFCCC, the Kyoto Protocol introduces clear, legally binding commitments and specific schedules for the reduction of greenhouse gas emissions.
What is the significance of "erga omnes" obligations in this context?
These are obligations that are the concern of all states, meaning that environmental protection has become a fundamental interest of the international community, making violations a matter of global importance.
- Arbeit zitieren
- Anton Mortier (Autor:in), 2009, Climate Change Legislation in International Law, München, GRIN Verlag, https://www.hausarbeiten.de/document/171748
