Common concern and global public goods: Evidence, bits and pieces

The UN Framework Convention on Climate Change (UNFCCC) mentions in its preamble the issue at stake as ‘Common Concern of Humankind’. The term reaffirms the legitimate interest in resources of global significance and declares a common responsibility to assist in their sustainable management. Yet, the legal content and ramifications of the concept have not been defined in detail, nor has the relationship between the concept of common concern and a common good. The evolution of environmental law may nevertheless offer foundation for the emerging principle of common concern in international law. In this context, the project discusses efforts to develop a principle of common concern, and it relates to other principles of international and environmental law, in particular the emerging doctrine of Responsibility to Protect. It looks for bits and pieces, and evidence of an emerging principle in doctrine and treaty practice. In doing so, it takes into account cosmopolitan political and legal theory and the doctrine of public goods. It explores the relationship to principles and rules of state responsibility in international law. It prepares the ground for further normative work both on the principles relevant to climate change and environmental and economic law and for the doctrine of multilevel governance.