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The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Are countries capable of reducing economic inequality under conditions of contemporary globalisation without cooperating and coordinating with other countries? While states are far from powerless to effect distributional change within their own sovereign space, Taking a Common Concern Approach to Economic Inequality makes the case that cooperation and coordination is indeed necessary, especially in relation to corporate taxation. It accordingly contemplates the utility of a transnational taxation system that is embedded in cooperative sovereignty through the recognition of rising economic inequality and its deleterious effects – including how increasingly unequal distributions within countries make transnational cooperation and coordination efforts less likely – as a common concern of humankind.
The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.
"Wealth exists only for the benefit of mankind. It cannot be measured adequately in yards or in tons, nor as equivalent as so many ounces of gold; its true measure lies only in the contribution it makes to human well-being. Now, when bricks and sand and lime and wood are built up into a house, they constitute a greater aggregate of wealth than they did before; even though their aggregate volume is the same as before; and, if the house is overthrown by an earthquake, there is indeed no destruction of matter; but there is a real destruction of wealth, because the matter is distributed in a manner less conducive to human well-being. Similarly, when wealth is very unevenly distributed, some have more of it than they can turn to any very great account in promoting their own well-being; while many others lack the material conditions of a healthy, clean, vigorous and effective family life. That is to say the wealth is distributed in a manner less conducive to the well-being of mankind than it would be if the rich were somewhat less rich, and the poor were somewhat less poor; and real wealth would be greatly increased, even though there were no change in the aggregate of bricks and houses and clothes and other material things, if only it were possible to effect that change without danger to freedom and to social order"--
“In the heart of this world, the Lord of life, who loves us so much, is always present. He does not abandon us, he does not leave us alone, for he has united himself definitively to our earth, and his love constantly impels us to find new ways forward. Praise be to him!” – Pope Francis, Laudato Si’ In his second encyclical, Laudato Si’: On the Care of Our Common Home, Pope Francis draws all Christians into a dialogue with every person on the planet about our common home. We as human beings are united by the concern for our planet, and every living thing that dwells on it, especially the poorest and most vulnerable. Pope Francis’ letter joins the body of the Church’s social and moral teaching, draws on the best scientific research, providing the foundation for “the ethical and spiritual itinerary that follows.” Laudato Si’ outlines: The current state of our “common home” The Gospel message as seen through creation The human causes of the ecological crisis Ecology and the common good Pope Francis’ call to action for each of us Our Sunday Visitor has included discussion questions, making it perfect for individual or group study, leading all Catholics and Christians into a deeper understanding of the importance of this teaching.
This collection of essays commemorates the Thirtieth Anniversary of the 1972 Stockholm Declaration on the Human Environment. The opening presentation is by the distinguished former Foreign Minister of Sweden, Dr. Hans Blix, a primary author of the Stockholm Declaration. A second keynote abstract is by Professor Bjorn Lomborg, the renowned author of The Skeptical Environmentalist. The third keynote essay is by the United Nations Under Secretary-General of Legal Affairs, Hans Correl. The remainder of the volume includes contributions by six judges from the International Tribunal for the Law of the Sea, the Secretary-General of the International Seabed Authority, senior representatives from the Food and Agriculture Organization, International Maritime Organization, World Bank, Swedish Foreign Ministry and United States Department of State along with 25 professors and environmental law experts from 15 countries. The collection provides a comprehensive, in-depth review of the historic achievement as well as current relevance of the 1972 Stockholm Declaration as a landmark achievement in international environmental law.
Addressing the management of genetic resources, this book offers a new assessment of the contemporary Access and Benefit Sharing (ABS) regime. Debates about ABS have moved on. The initial focus on the legal obligations established by international agreements like the United Nations Convention on Biological Diversity and the form of obligations for collecting physical biological materials have now shifted into a far more complex series of disputes and challenges about the ways ABS should be implemented and enforced. These now cover a wide range of issues, including: digital sequence information, the repatriation of resources, technology transfer, traditional knowledge and cultural expressions, open access to information and knowledge, naming conventions, farmers’ rights, new schemes for accessing pandemic viruses sharing DNA sequences, and so on. Drawing together perspectives from an interdisciplinary range of leading and emerging international scholars, this book offers a new approach to the ABS landscape; as it breaks from the standard regulatory analyses in order to explore alternative solutions to the intractable issues for the Access and Benefit Sharing of genetic resources. Addressing these modern legal debates from a perspective that will appeal to both ABS scholars and those with broader legal concerns in the areas of intellectual property, food, governance, Indigenous issues, and so on, this book will be a useful resource for scholars and students as well as those in government and in international institutions working in relevant areas.
Blue Planet Law is the global and future-oriented environmental law that is necessary to face the global environmental crisis in the Anthropocene, assuming especially the link between climate action (SDG 13) and ocean sustainability (SDG 14). This open access book focuses on means of overcoming global environmental problems such as climate change, ocean degradation and biodiversity loss and the consequent risks for human life, health, food and wellbeing. It explores how environmental law, at the international, European and national levels, might set economic and technological development on a more sustainable path. Law must engage in dialogue with other areas such as philosophy, economics, ecology, and biology. This book highlights protection of the climate and the oceans and sustainable use of natural resources, through new policies, economies and technologies, including biotechnology, with a view to the preservation of life, health, food and a healthy environment for the present and future generations. The book may be seen as a contribution to the UN Sustainable Development Goals 13 and 14 and a tribute to the Declaration of the United Nations Conference on the Human Environment, also known as the Stockholm Conference (1972), on its 50th Anniversary.