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Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates. Featuring original contributions from renowned scholars across the globe and analysis of Elinor Ostrom's fundamental work, this interdisciplinary book is organized into three main areas of inquiry: the commons as vehicles for the democratization of global governance, the role played by commons-based institutions in global governance and a more normative interrogation around what international law ought to look like to support the commons. Provocative and critical ideas about the current system of global governance act as a stimulus to explore further research and activism in the commons. The first of its kind to offer a specific focus on the commons and global governance, this much-needed book will prove invaluable for academics in the humanities and social sciences including economists, political philosophers, political scientists and legal scholars. It will also appeal to policy-makers, concerned members of civil society and commons activists.
The predicament of uncontrolled growth in a finite world puts the global commons Ð such as oceans, atmosphere, and biosphere Ð at risk. So far, states have not found the means to protect what, essentially, is outside their jurisdiction. However, the ju
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Global governance has come under increasing pressure since the end of the Cold War. In some issue areas, these pressures have led to significant changes in the architecture of governance institutions. In others, institutions have resisted pressures for change. This volume explores what accounts for this divergence in architecture by identifying three modes of governance: hierarchies, networks, and markets. The authors apply these ideal types to different issue areas in order to assess how global governance has changed and why. In most issue areas, hierarchical modes of governance, established after World War II, have given way to alternative forms of organization focused on market or network-based architectures. Each chapter explores whether these changes are likely to lead to more or less effective global governance across a wide range of issue areas. This provides a novel and coherent theoretical framework for analysing change in global governance. This title is available as Open Access on Cambridge Core.
In the freshest new international law text in 20 years, Christopher C. Joyner offers a critical assessment of international legal rules in the early 21st century as they are applied by governments to the real world. Looking at concepts and principles, processes and critical problems, Joyner steers clear of an old-time case method approach, preferring to treat issues thematically. He shows the challenges of international law in terms of peace, security, human rights, the environment, and economic justice. Particular features of the book include engaging vignettes, clearly defined key terms, and special coverage of emerging topics including common spaces; international criminal law; rules, norms, and regimes; and trade relations and commercial exchange. Through it all, Joyner maintains an intent focus on the role of the individual in the evolving international legal order.
Tackles one of the most enduring and contentious issues of positive political economy: common pool resource management.
Given the new-found importance of the commons in current political discourse, it has become increasingly necessary to explore the democratic, institutional, and legal implications of the commons for global governance today. This book analyses and explores the ground-breaking model of the commons and its relation to these debates.
Constitutions and the Commons looks at a critical but little examined issue of the degree to which the federal constitution of a nation contributes toward or limits the ability of the national government to manage its domestic natural resources. Furthermore it considers how far the constitution facilitates the binding of constituent states, provinces or subnational units to honor the conditions of international environmental treaties. While the main focus is on the US, there is also detailed coverage of other nations such as Australia, Brazil, India, and Russia. After introducing the role of constitutions in establishing the legal framework for environmental management in federal systems, the author presents a continuum of constitutionally driven natural resource management scenarios, from local to national, and then to global governance. These sections describe how subnational governance in federal systems may take on the characteristics of a commons – with all the attendant tragedies – in the absence of sufficient national constitutional authority. In turn, sufficient national constitutional authority over natural resources also allows these nations to more effectively engage in efforts to manage the global commons, as these nations would be unconstrained by subnational units of government during international negotiations. It is thus shown that national governments in federal systems are at the center of a constitutional 'nested governance commons,' with lower levels of government potentially acting as rational herders on the national commons and national governments potentially acting as rational herders on the global commons. National governments in federal systems are therefore crucial to establishing sustainable management of resources across scales. The book concludes by discussing how federal systems without sufficient national constitutional authority over resources may be strengthened by adopting the approach of federal constitutions that facilitate more robust national level inputs into natural resources management, facilitating national minimum standards as a form of "Fail-safe Federalism" that subnational governments may supplement with discretion to preserve important values of federalism.
This is the first volume arising from the work of the Centre for the Study of Global Governance, based at the London School of Economics. Governance in this context should not be confused with government; it is not the idea of one-world government which is being revived. Global governance as a concept and as a programme needs to be defined in the context of four pillars: post-mural; post-imperial; post-Keynesian; and post-industrial. The two political pillars - the post-mural and the post-imperial - define the constraints on the UN system. The two economic pillars run across the political, and are reconstituting the world in a way more radical than the political. This volume examines the ethical, ecological and economics issues emerging from the changing global order.
How should we govern the commercialization of humanity ́s common heritage? International Law has developed important institutions of global governance and distributive justice to put resources such as the deep sea bed and outer space beyond state ownership, preserving them as part of a common heritage for the benefit of all humanity and future generations. But as the technology of exploitation becomes viable, these areas are coming under threat from important states and Big Business. The political, moral, legal and environmental concerns arise and must be addressed - before it is too late. Offering readers a clear introduction to this field, the authors bring the various legal regimes under a single conceptual framework and consider what justice requires in response to the dangers posed by the scramble to exploit our common heritage. They develop a distinctive account of the interstitial legal and moral reasoning that can and should shape arguments about global commons, global justice and international law, and demonstrate how normative arguments of distributive justice can be relevant to both international law and international politics. Arguing for the centrality of distributive issues to global justice, they extend the 'practical turn' in international political theory in new and exciting directions, showing how global commons ideas could be made central to many important traditions in political theory.