Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Bosselmann, Klaus --- "The atmosphere as a global commons" [2019] ELECD 2842; in Jaria-Manzano, Jordi; Borras , Susana (eds), "Research Handbook on Global Climate Constitutionalism" (Edward Elgar Publishing, 2019) 75

Book Title: Research Handbook on Global Climate Constitutionalism

Editor(s): Jaria-Manzano, Jordi; Borrás , Susana

Publisher: Edward Elgar Publishing

Section: Chapter 5

Section Title: The atmosphere as a global commons

Author(s): Bosselmann, Klaus

Number of pages: 13

Abstract/Description:

Current climate governance is severely hampered by the dominance of national interests over global interests. The dominance is largely politically motivated, but also has a systemic dimension as manifest in the conventional concept of state sovereignty. Fiduciary obligations of the nation state cannot be restricted to its citizens in areas that affect all humans alike and regardless of their citizenship. Climate change responsibilities will be effective only if understood as legal obligations of the sovereign state. This requires the recognition of the atmosphere as a global commons.