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.
An innovative approach to doctrinal legal scholarship, this book traces the potential of 'Common Concern of Humankind' for assessing serious global challenges and to responding as a principle of law. It contains a wealth of practical analyses and critique dealing with an array of current and emerging global challenges.
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Presents the emerging principle of Common Concern of Humankind as legal response and to serious collective action crises.
List of figures; List of contributors; Preface; List of abbreviations;
Part I. Theory:
1. The principle of common concern of humankind Thomas
Cottier; Part II. Case Studies:
2. Trade-related measures to spread low
carbon technologies: a common concern based approach Zaker Ahmad;
3. Marine
plastic pollution as a common concern of humankind Judith Schäli;
4.
Exploring the recognition of new common concerns of humankind: the example of
the distribution of income and wealth within states Alexander Beyleveld;
5.
Reshaping the law of economic sanctions for human rights enforcement: the
potential of common concern of humankind Iryna Bogdanova;
6. Migration as a
common concern of humankind Thomas Cottier and Rosa Maria Losada;
7.
International monetary stability as a common concern of humankind Lucia
Satragno;
8. Financial stability as a common concern of humankind Federico
Lupo-Pasini; Part III. Epilogue:
9. Comments: The doctrinal approach of
common concern Peter-Tobias Stoll, Duncan French and Oisin Suttle;
10.
Comments: Extraterritoriality and common concern Cedric Ryngaert, Claus
Zimmermann and Krista Nadakavukaren Schefer; Index.
Thomas Cottier, former Managing Director of the World Trade Institute, is Professor Emeritus of European and International Economic Law at the University of Bern. He has published widely in the field of international economic law, with a particular focus on constitutional theory and general principles of law, trade regulation, and intellectual property.
