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Global Commons: Between Cooperation and Competition by Gerald Stang
17 2013 Photo by NASA / Rex Features (1568628a) Features / Rex NASA by Photo Global commons: Between cooperation and competition by Gerald Stang Rapid economic development and increasing inter- What exactly are the global commons? national trade are leading to a more crowded interna- tional stage and raising new challenges in the ‘global Security analysts generally identify four domains as commons’ – those domains that are not under the global commons: high seas, airspace, outer space control or jurisdiction of any state but are open for use and, now, cyberspace. From a security perspective, by countries, companies and individuals from around the primary concern is safeguarding ‘access’ to these the world. Their management involves increasingly domains for commercial and military reasons. complex processes to accommodate and integrate the interests and responsibilities of states, international It is important to highlight that this language differs organisations and a host of non-state actors. from the discourse on commons developed by envi- ronmental analysts: their arguments focus on dam- Shared rules regarding the usage of - and access to age to the ‘condition’ of the commons from overuse - the global commons encourage their peaceful and by actors who do not have to pay direct costs. They cooperative use. Over the last seven decades, the US worry about the depletion of shared resources such as has led in the creation of a liberal international order ocean fish stocks, or the damage to shared domains which has attempted to define these rules in such a such as Antarctica or the atmosphere. way as to make it easier and more beneficial to join the order and follow the rules than it does to operate A third strand of analysis looks not at the need for outside of (or undermine) it. -
The "Tragedy of the Commons" in Plant Genetic Resources: the Need for a New International Regime Centered Around an International Biotechnology Patent Office
Gulati: The "Tragedy of the Commons" in Plant Genetic Resources: The Need for a New International Regime Centered Around an International Biotechnology Patent Office Note The "Tragedy of the Commons" in Plant Genetic Resources: The Need for a New International Regime Centered Around an International Biotechnology Patent Office Chetan Gulati- The last several centuries have seen a transformation in the ways in which wealth is generated. As society has transformed itself in the post- industrial era, "knowledge" and "information," as opposed to land and physical property, have increasingly become the primary sources of wealth generation.1 For example, historically, it was ownership of the forest that was the principal channel for the derivation of riches. Today it is the possession of the patent in the pharmaceutical product derived from the leaves of the trees of the very same forest that is the fountain from which the greatest wealth springs. It is not surprising, therefore, that the strategy of wealth maximization has shifted from the desire to accumulate physical property to one in which the domination2 of intellectual property rights ("IPRs") has become preeminent. As already alluded to, the products derived from plant genetic resources ("PGRs")3 are major sources of wealth generation for developed t J.D., Yale Law School, expected 2002. I am grateful to Professor Gideon Parchomovsky for his guidance and valuable commentary. I should also thank my colleagues at the Yale Law School, especially Saema Somalya, Jean Tom and the other editors of the Yale Human Rights and Development Law Journal, without whose constant challenge to my ideas, this project would never have come to fruition. -
Sustainability and Common-Pool Resources: Alternatives to Tragedy
PHIL & TECH 3:4 Summer 1998 Carpenter, Common-Pool Resources/36 SUSTAINABILITY AND COMMON-POOL RESOURCES: ALTERNATIVES TO TRAGEDY Stanley R. Carpenter, Institute of Technology ABSTRACT The paradox that individually rational actions collectively can lead to irrational outcomes is exemplified in human appropriation of a class of goods known as "common-pool resources" ("CPR"): natural or humanly created resource systems which are large enough to make it costly to exclude potential beneficiaries. Appropriations of common-pool resources for private use tend toward abusive practices that lead to the loss of the resource in question: the tragedy of the commons. Prescriptions for escape from tragedy have involved two institutions, each applied largely in isolation from the other: private markets (the "hidden hand") and government coercion (Leviathan). Yet examples exist of local institutions that have utilized mixtures of public and private practices and have survived for hundreds of years. Two problems further exacerbate efforts to avoid the tragic nature of common- pool resource use. One, given the current level of knowledge, the role of the resource is not recognized for what it is. It is, thus, in a fundamental, epistemological sense invisible. Two, if the resource is recognized, it may not be considered scarce, thus placing it outside the scrutiny of economic theory. Both types of error are addressed by the emerging field of ecological economics. This paper discusses common pool resources, locates the ambiguities that make their identification difficult, and argues that avoidance of a CPR loss is inadequately addressed by sharply separated market and state institutions. When the resource is recognized for what it is, a common-pool good, which is subject to overexploitation, it may be possible to identify creative combinations of public and private institutions that can combine to save that resource. -
The Contribution That the Concept of Global Public Goods Can Make to the Conservation of Marine Resources Sandrine Maljean-Dubois, Carina Costa De Oliveira
The contribution that the concept of global public goods can make to the conservation of marine resources Sandrine Maljean-Dubois, Carina Costa de Oliveira To cite this version: Sandrine Maljean-Dubois, Carina Costa de Oliveira. The contribution that the concept of global public goods can make to the conservation of marine resources. Ed Couzens, Alexander Paterson, Sophie Riley, Yanti Fristikawati,. Protecting Forest and Marine Biodiversity: The Role of Law, Edward Elgar Publishing, pp.290-314, 2017, The IUCN Academy of Environmental Law Series, 978-1-78643-948-2. halshs-01675496 HAL Id: halshs-01675496 https://halshs.archives-ouvertes.fr/halshs-01675496 Submitted on 19 Apr 2018 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. Global public goods and the conservation of marine resources 12. The contribution that the concept of global public goods can make to the conservation of marine resources Carina Costa de Oliveira and Sandrine Maljean-Dubois* 1. INTRODUCTION Vague and imprecise concepts hinder progress towards defining and implementing international obligations for the conservation of the marine environment. While concepts such as global public good, common herit- age of humankind and global commons are frequently used to discuss the governance of marine resources, particularly in areas beyond national jurisdiction, they are too often disconnected from any norms that might effectively link them to implementation and enforcement. -
International Law and Economic Exploitation in the Global Commons: Introduction
applyparastyle "fig//caption/p[1]" parastyle "FigCapt" The European Journal of International Law Vol. 30 no. 2 © The Author(s), 2019. Published by Oxford University Press on behalf of EJIL Ltd. All rights reserved. For Permissions, please email: [email protected] International Law and Economic Exploitation in the Global Commons: Introduction Isabel Feichtner* and Surabhi Ranganathan** In search of alternative political economies – less exploitative, less ecologically de- structive – scholars and activists have turned to the commons and to commoning in recent years.1 For international lawyers, the term commons brings to mind the domains designated as ‘global commons’ and, among them, the oceans and outer space. Yet current initiatives that seek to harness the economic potential of the oceans in the name of ‘blue growth’,2 projects seeking to commercialize outer space3 and, a fortiori, proposals to ‘colonize’ outer space4 and the oceans5 as a solution to conflict and environmental destruction stand in stark contrast with visions of a commons economy built on solidarity. The growing interest of states and corporations in the resource potential of both domains – the oceans and outer space – at a time when planetary limitations, mass ex- tinctions and impending climate catastrophe dominate the news provide the context for this symposium. We are motivated by several questions: How does international law reconcile the designation of the oceans and outer space as humankind’s common heritage, on the one hand, with simultaneously laying the ground for value extraction by individual private enterprises, on the other? Or are the two (inextricably) connected? * Professor of Law, University of Würzburg, Germany. -
The Limits of the Concepts Global Public Good, Common Heritage of Mankind and Commons to Delimit Obligations for Preservation of Marine Resources
The Limits of the Concepts Global Public Good, Common Heritage of Mankind and Commons to Delimit Obligations for Preservation of Marine Resources Carina Costa de Oliveira* Sandrine Maljean-Dubois** Abstract Global public goods, common heritage and global commons are concepts used to understand the legal and the political regime of marine resources. However, these concepts are limited when it comes to determine the obligations of States and International Organizations regarding marine resources conservation. If, for this reason, their intrinsic purpose can be questioned, these concepts nevertheless dominate, in their abstraction, the debate on marine resources. Their existence, whether scientific or not, can therefore not be denied or ignored. To understand what they can concretely offer to the legal discussions on marine resources, they must be articulated with the more precise legal obligations such as the obligation to cooperate and the duty of due diligence, as applied to marine resources. Accordingly, this article studies how these concepts can be combined to more concrete obligations so as to have a convincing application. Key words: marine resources preservation, due diligence, cooperation, and obligations. Introduction Vague and imprecise concepts hinder progress toward defining and implementing international obligations for the preservation of the marine environment. Concepts such as global public good, common heritage of mankind, and global commons are too often disconnected from any norms that might serve for implementation and enforcement. The debate on the tragedy of the commons1 is indeed still relevant today, especially in light of statistics revealing increasing overexploitation of marine resources on the high seas2 and the unbridled quest to exploit Article published in portuguese at the Brazilian Journal of International Law, vol. -
The Commons, the Common Good and Extraterritoriality: Seeking Sustainable Global Justice Through Corporate Responsibility
sustainability Article The Commons, the Common Good and Extraterritoriality: Seeking Sustainable Global Justice through Corporate Responsibility Shuangge Wen 1,2 and Jingchen Zhao 3,* 1 Centre for Jurisprudence Research, School of Law, Jilin University, Changchun 130012, Jilin, China; [email protected] or [email protected] 2 Institute of International Shipping and Trade Law, Swansea University, Swansea SA2 8PP, UK 3 Nottingham Law School, Nottingham Trent University, Nottingham, NG1 4FQ, UK * Correspondence: [email protected] Received: 17 October 2020; Accepted: 11 November 2020; Published: 14 November 2020 Abstract: Despite their laudable intent, extraterritorial legal initiatives to promote corporate sustainability development have not been well received in practice, and are often seen as a window-dressing exercise. This article aims to conduct a conceptual and doctrinal analysis, offering a theoretical foundation that interprets corporate extraterritorial legislative attempts as legitimate in the context of globalisation, using the lens of “the commons” and “the common good”. We try to link the values and dimensions of “the commons” to the goals of corporate extraterritorial legislation, so that lawmaking attempts with extraterritorial reach will gain additional foundational support and achieve more effective and better controlled compliance. In particular, the article makes an original attempt to justify and develop a new notion, namely “the extraterritorial commons”. This notion is in harmony with, rather than contradicting, progressive legal attempts to address the mismatching and conflicting nature of the relationship between the traditional voluntarism of corporate extraterritorial responsibilities, particularly in relation to sustainability issues, and global trends towards more regulation in this area. Keywords: the commons; the common good; multinational enterprises; extraterritoriality; corporate responsibility; extraterritorial commons 1. -
Managing Common Resources in Local and Global Systems. Applying
MANAGING COMMON RESOURCES IN LOCAL AND GLOBAL SYSTEMS applying theory across scales edited by Sylvia Karlsson FORBGXSAlgSJSSSwb* OST/ Research Report No. 9 from EPOS Environmental Policy and Society Linkoping University < Managing common resources in local and global systems Applying theoryacross scales Edited by Sylvia Karlsson Research Report No. 9 fromEPOS, Research Programme on Environmental Policy and Society Institute of Tema Research, Linkoping University ISSN 1104-4403 ISBN 91-7871-988-7 © 1997 the authors, EPOS and the Department of Water and Environmental Studies, Linkoping University Layout and typesetting: TiiaRiitta Granfelt Printed in Sweden by Motala Grafiska, Motala, 1997 DISCLAIMER Portions of this document may be illegible in electronic image products. Images are produced from the best available original document. CONTENTS Preface v Introduction: 1 Managing common resources in local and global systems: Applying theory across scales Sylvia Karlsson Thou should not know too much... 13 When lack of information promotes co-operative behaviour: The case of oil fields in Wyoming, Oklahoma and Texas Bjorn Hassler Three different CPR management models for 33 riverine nitrogen polluters in Sweden Berit Arheimer Recycling of sewage in Swedish municipalities: 52 Policy implications Henriette Soderberg Bridge over troubled waters? 65 The state-NGO interface in governing urban environments Hakan Tropp Forest management in India: Local vs. state control 97 of forest resources Julie Wilk Protecting International Commons: 110 Brief comments on current attempts at establishing new international institutions on persistent organic pollutants (POPs) Henrik Selin The global commons and United Nations reform 132 Sylvia Karlsson PREFACE The idea to this publication came up during a course in Common Prop erty Resource Management for PhD students at the Department of Water and Environmental Studies, Institute of Tema Research, Linkoping Uni versity, Sweden, in the spring of 1996. -
The Opportunity of the Commons
The Opportunity of the Commons G l s o b o n a l C o m m G l s o b o n a l C o m m Global Environment Facility 1 All life on Earth depends on clean air and water, biodiversity, and healthy forests, land, oceans and a stable climate. These global commons—the ecosystems, biomes and processes that regulate the stability and resilience of the Earth system— are the very foundation of our global economy and modern society. Today, they are facing an all-too familiar tragedy of over- exploitation and rapid degradation. 2 The Opportunity of the Commons A Defining Moment We stand at a defining moment for the future of the planet Several of the planetary boundaries have already been and human well-being. The Global Commons—the eco- breached. These include; biodiversity, now being lost at systems, biomes and processes that regulate the stability a rate unprecedented in the last 65 million years; land and resilience of the Earth system—are being stretched to use change, where nearly a third of forest cover has been breaking point. cleared worldwide and almost a quarter of the total land area under human use is being degraded; and climate, Scientists warn that the “planetary boundaries”, that have where atmospheric concentration of carbon dioxide now ensured the stable conditions that have enabled all civili- exceeds 400 parts per million, their highest level in 800,000 zations to form and prosper over the last 11,000 years are years. Meanwhile greenhouse gases are also acidifying the being strained, and in some cases, exceeded. -
The Commons Concept and Intellectual Property Rights Regime: Whither Plant Genetic Resources and Traditional Knowledge?
The University of New Hampshire Law Review Volume 2 Number 1 Pierce Law Review Article 7 March 2004 The Commons Concept and Intellectual Property Rights Regime: Whither Plant Genetic Resources and Traditional Knowledge? Chika B. Onwuekwe University of Saskatchewan, Saskatoon, Canada Follow this and additional works at: https://scholars.unh.edu/unh_lr Part of the Intellectual Property Law Commons, and the Plant Sciences Commons Repository Citation Chika B. Onwuekwe, The Commons Concept and Intellectual Property Rights Regime: Whither Plant Genetic Resources and Traditional Knowledge?, 2 Pierce L. Rev. 65 (2004), available at http://scholars.unh.edu/unh_lr/vol2/iss1/7 This Article is brought to you for free and open access by the University of New Hampshire – Franklin Pierce School of Law at University of New Hampshire Scholars' Repository. It has been accepted for inclusion in The University of New Hampshire Law Review by an authorized editor of University of New Hampshire Scholars' Repository. For more information, please contact [email protected]. File: commons.final(macro)moyermaier Created on: 3/10/2004 2:45 PM Last Printed: 3/26/2004 10:33 AM The Commons Concept and Intellectual Property Rights Regime: Whither Plant Genetic Resources and Traditional Knowledge? CHIKA B. ONWUEKWE∗ I. INTRODUCTION The classification of plant genetic resources (PGRs)1 as the common heritage of humankind2 continues to generate controversies.3 The debate is between developing countries that are the primary sources of these re- sources and industrialized, biotechnologically advanced countries that ap- propriate and utilize PGRs as raw materials for various commercial prod- ucts, such as medicine, seed variety, or pesticides.4 Scholars of diverse ∗. -
Genetic Resources for Food and Agriculture As Commons
See discussions, stats, and author profiles for this publication at: https://www.researchgate.net/publication/329035402 GENETIC RESOURCES FOR FOOD AND AGRICULTURE AS COMMONS Chapter · December 2018 CITATIONS READS 3 211 2 authors: Frison Christine Brendan Coolsaet Fonds de la Recherche Scientifique (FNRS) Lille Catholic University 55 PUBLICATIONS 157 CITATIONS 41 PUBLICATIONS 436 CITATIONS SEE PROFILE SEE PROFILE Some of the authors of this publication are also working on these related projects: Land-use intensification in forest-agriculture frontier landscapes: effects on ecosystem services and poverty alleviation (ESPA-Frontiers) View project Penser les décolonisations (séminaire) View project All content following this page was uploaded by Frison Christine on 19 November 2018. The user has requested enhancement of the downloaded file. In Routledge Handbook of Food as a Commons Edited by Jose Luis Vivero-Pol , Tomaso Ferrando , Olivier de Schutter , and Ugo Mattei. Routledge, Dec. 2018 Chapter 14 GENETIC RESOURCES FOR FOOD AND AGRICULTURE AS COMMONS Christine Frison1 and Brendan Coolsaet2,3 1 FWO postdoctoral researcher, Faculty of Law, University of Antwerp and FNRS postdoctoral researcher, Centre for Philosophy of Law, Université catholique de Louvain, Belgium 2 European School of Political and Social Sciences, Lille catholic University, France. 3 School of International Development, University of East Anglia, Norwich, UK Abstract Agrobiodiversity is the continuum of wild to domesticated plant, animal and ecosystemic diversity sustaining people’s livelihoods. This biodiversity results from an equally diverse set of culturally defined farming practices. To maintain both forms of diversity, access to genetic resources for food and agriculture (GRFA) is crucial. However, current regulation and policy increasingly commodifies GRFA, rendering their access and use difficult for smallholder farmers and peasant communities, hence jeopardizing food security and food sovereignty, and limiting the emergence of more sustainable farming practices. -
Hertzfeld, Weeden, Johnson Global Commons FINAL
IAC-15 - E7.5.2 x 29369 How Simple Terms Mislead Us: The Pitfalls of Thinking about Outer Space as a Commons Henry R. Hertzfeld Research Professor, Space Policy Institute, George Washington University, Washington, DC; [email protected], Brian Weeden Technical Advisor, Secure World Foundation, Washington, DC; [email protected] Christopher D. Johnson Project Manager, Secure World Foundation, Washington, DC; [email protected] I. ABSTRACT The space treaties include several different phrases defining the exploration and use of outer space. These include: “...for the benefit of all peoples (countries)”, and “...shall be the “province of all mankind.” The Moon Agreement extends these ideas in the phrase, “the Moon and its resources are the common heritage of all mankind.” Various legal and economic terms are now used as parallels in outer space to these phrases (but do not appear in the treaties themselves). They include: “space is a global commons,” “common pool resources,” “anticommons,” “res nullius” and “res communis.” In reality, none of these terms clearly fits the full legal or economic conditions of outer space, and none of them provide an adequate framework for the future handling of space resources, space exploration, or even for resolving the unavoidable future issues when there will be competing interests or major accidents occurring in outer space. This paper will review the definitions that are often misused for space activities and suggest that more pragmatic ways of insuring that the outer space environment will be effectively managed to avoid misuse, overuse, or abuse be developed. These methods include the recognition of limited property rights and developing new binding dispute resolution techniques.