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.
Global Commons: Issues, Concerns and Strategies presents a comprehensive international perspective on the global commons - natural resource domains that are not subject to national jurisdictions and are accessible to all nations. These include the oceans, atmosphere and outer space, and specific locations such as Antarctica. Due to their critical importance in maintaining human lives and livelihoods, and their vulnerability to depletion, the collaborative preservation of the global commons is of great relevance to all human communities. Leading world powers, such as France, are increasingly adopting environmental policies as key to their functioning as democracies. After the Paris Climate Conference, there has been a spurt in cooperation between major nations, such as France and India, in the fight against climate change. This book provides exhaustive coverage of all the major facets of preservation of the global commons. It will, therefore, prove indispensable to all stakeholders in a new, just and sustainable world order.
'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
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
This will be the first book to attempt to take a 'holistic' approach to security in the Commons (outer space, the atmosphere, the oceans, cyberspace, etc) in that it examines in detail each domain of the commons, identifying and assessing the current and future threats to free international access to the domain.
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.
The vast majority of the world's scientists agree: we have reached a point in history where we are in grave danger of destroying Earth's life-sustaining capacity. But our attempts to protect natural ecosystems are increasingly ineffective because our very conception of the problem is limited; we treat 'the environment' as its own separate realm, taking for granted prevailing but outmoded conceptions of economics, national sovereignty and international law. Green Governance is a direct response to the mounting calls for a paradigm shift in the way humans relate to the natural environment. It opens the door to a new set of solutions by proposing a compelling new synthesis of environmental protection based on broader notions of economics and human rights and on commons-based governance. Going beyond speculative abstractions, the book proposes a new architecture of environmental law and public policy that is as practical as it is theoretically sound.
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.
Comparative case studies and analyses of the influence of domestic politics on countries' climate change policies and Kyoto ratification decisions. Climate change represents a “tragedy of the commons” on a global scale, requiring the cooperation of nations that do not necessarily put the Earth's well-being above their own national interests. And yet international efforts to address global warming have met with some success; the Kyoto Protocol, in which industrialized countries committed to reducing their collective emissions, took effect in 2005 (although without the participation of the United States). Reversing the lens used by previous scholarship on the topic, Global Commons, Domestic Decisions explains international action on climate change from the perspective of countries' domestic politics. In an effort to understand both what progress has been made and why it has been so limited, experts in comparative politics look at the experience of seven jurisdictions in deciding whether or not to ratify the Kyoto Protocol and to pursue national climate change mitigation policies. By analyzing the domestic politics and international positions of the United States, Australia, Russia, China, the European Union, Japan, and Canada, the authors demonstrate clearly that decisions about global policies are often made locally, in the context of electoral and political incentives, the normative commitments of policymakers, and domestic political institutions. Using a common analytical framework throughout, the book offers a unique comparison of the domestic political forces within each nation that affect climate change policy and provides insights into why some countries have been able to adopt innovative and aggressive positions on climate change both domestically and internationally.