Behavioral Aspects of the International Law of Global Public Goods and Common Pool Resources

Aaken, Anne van

doi:10.1017/ajil.2017.97

Cited by 7 publications

(3 citation statements)

References 38 publications

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“…A functional analysis of state behavior and examples from game theory such as the tragedy of the commons [19] or the prisoner's dilemma [20,21] provide a theoretical explication and illustration for why cooperation and regulation are desirable [22]. The traditional example of the tragedy of the commons involves a pasture open to all [19] (p. 1244), contemporary examples are the overuse of the atmosphere leading to climate change, the destruction of the ozone layer, the overuse of biodiversity, fisheries, water and air pollution.…”

Section: Reasons For International Environmental Cooperation and Regumentioning

confidence: 99%

“…345-347), and to be the United Nation's "leading global environmental authority" [48] ( § 88) and "anchor institution" [13] (pp. [15][16][17][18][19][20][21][22][23][24][25][26][27][28][29][30] have been clarified, re-confirmed and strengthened several times since UNEP's creation in 1972. Thereby, its governing body, the United Nations Environment Assembly, has the critical role to convene and engage all the UN members and to provide the forum for concrete decision making on environmental coordination, cooperation and policy.…”

Section: The United Nations Environment Assembly and Its Function To mentioning

confidence: 99%

“…The Rio+20 Summit is similarly perceived as changing the balance of the environment-development equation in favor of economic development and that sustainable development "is turning brownish" [2] (pp. [20][21]. This happened despite the fact that in the last decade, it has become increasingly clear that threats to the environment undermine the resource base of human development and well-being.…”

Section: Introductionmentioning

confidence: 99%

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The Role of the United Nations Environment Assembly in Emerging Issues of International Environmental Law

Perrez

2020

Sustainability

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This article takes a closer look at the scientific, policy and catalytic functions of the United Nations Environment Programme (UNEP) and its Assembly (UNEA) and UNEA’s role in addressing emerging issues in international environmental policy and law by examining two concrete examples. The first shows how UNEA was able to contribute to the international environmental law on mercury: UNEA played a catalytic policy role by contributing to the development of international soft law, customary law, and treaty law. Further, UNEA played a policy shaping role by influencing the further development of key international environmental law principles in the negotiations of new environmental norms in other fora. The second example describes UNEA’s unsuccessful attempt to address geoengineering. Building on the two examples, the article identifies factors that support or impede the fulfilment of UNEA’s role in addressing emerging issues of international environmental policy and law.

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Section: Reasons For International Environmental Cooperation and Regumentioning

confidence: 99%

Section: The United Nations Environment Assembly and Its Function To mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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The Role of the United Nations Environment Assembly in Emerging Issues of International Environmental Law

Perrez

2020

Sustainability

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Construing Climate Change Adaptation as Global Public Good Under International Law: Problems and Prospects

Trivedi

Jolly

2022

Liverpool Law Rev

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Article 7 of the Paris Agreement recognizes that adaptation is a ‘global challenge faced by all with local, regional and international dimensions.’ It further establishes the ‘global goal on adaptation focusing on enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, with a view to contributing to sustainable development.’ However, the lack of international cooperation between the global north and global south challenge the formulation and implementation of climate change adaptation strategies. This paper brings in the concept of global public goods (GPGs) to the lexicon of climate adaptation and highlights that adverse impacts of climate change such as climate-induced global migration are global public bad. Hence, the measures taken to respond to such impacts, which consequently enhance the resilience of affected countries, make them more adaptive to those adverse impacts, and deliver common values of universal character, should be construed as the global public good. The paper argues that that the idea of GPGs with its universality offers a normative and practical foundation for understanding, addressing, and strengthening the international community’s climate adaptation actions and cooperation.

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Untangling the commons: three different forms of commonality

Moroni

2024

Rev Austrian Econ

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The term “commons” is used with increasing frequency in the public debate and scientific literature in various fields (including economics and sociology). However, this term is often ambiguous and used to denote quite different things. Obviously, any concept, and therefore also the concept of “commons”, does not have an “essence”. Clear definitions do not serve to capture what something is in itself, but only to rigorously specify what use is made of a given expression. In other words, linguistic precision is not a value in itself, but becomes necessary when misunderstandings can arise – as happens in the case under discussion. This article critically revisits the notion itself of “commons”. It is based on an extensive interdisciplinary literature review. However, the intent is not to provide an overview of the state of the art but to suggest a critical reframing of the discourse. The overall aim is not solely to distinguish different uses of the term; it is also to clarify the real scope and meaning of each definition of it – such as the one proposed by Elinor Ostrom, which is too often inappropriately invoked. As the article demonstrates, Ostrom’s view on many issues perfectly aligns with the Hayekian account of the evolutionary, emerging nature of a significant number of successful institutions and forms of organization.

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Behavioral Aspects of the International Law of Global Public Goods and Common Pool Resources

Cited by 7 publications

References 38 publications

The Role of the United Nations Environment Assembly in Emerging Issues of International Environmental Law

The Role of the United Nations Environment Assembly in Emerging Issues of International Environmental Law

Construing Climate Change Adaptation as Global Public Good Under International Law: Problems and Prospects

Untangling the commons: three different forms of commonality

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