Environmental liability and global commons: a critical study

Environmental liability and global commons: a critical study PurposeThe purpose of this paper is to give an outline of existing laws that regulate each area of the Commons. With specific reference to the growing international concern for the protection of the global commons, this paper aims to re-examine to what extent present legal regime for global commons is successful. Finally, it proceeds with some way outs and suggestions that may, if adopted, play significant role to protect common areas from environmental damage.Design/methodology/approachThis paper is purely analytical. Analytical approach has been applied to proceed with the write-up which is basically based on the review of primary and secondary literature studies including books, scholarly articles and laws. Internet-browsing is being used for collection of most recent literature on the subject. Relevant case studies in this regard are evaluated.FindingsTransboundary damage is a practical and contextual matter requiring concrete rules and principles, both procedural and substantive. Here, priority is to establish minimum standards of conduct for such activities that affect the environment of global commons, at the national and international level. An expertly designed treaty with balanced contents, which are strong enough to hold the state parties liable for their activities and, at the same time, motivating enough to be bound by obligation by ratification, is to be adopted.Originality/valueThis paper is original in calling for the full participation of all states, rich and poor, to address damage to global commons effectively and efficiently. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law and Management Emerald Publishing

Environmental liability and global commons: a critical study

International Journal of Law and Management, Volume 60 (2): 17 – Mar 12, 2018

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Publisher
Emerald Publishing
Copyright
Copyright © Emerald Group Publishing Limited
ISSN
1754-243X
D.O.I.
10.1108/IJLMA-01-2017-0002
Publisher site
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Abstract

PurposeThe purpose of this paper is to give an outline of existing laws that regulate each area of the Commons. With specific reference to the growing international concern for the protection of the global commons, this paper aims to re-examine to what extent present legal regime for global commons is successful. Finally, it proceeds with some way outs and suggestions that may, if adopted, play significant role to protect common areas from environmental damage.Design/methodology/approachThis paper is purely analytical. Analytical approach has been applied to proceed with the write-up which is basically based on the review of primary and secondary literature studies including books, scholarly articles and laws. Internet-browsing is being used for collection of most recent literature on the subject. Relevant case studies in this regard are evaluated.FindingsTransboundary damage is a practical and contextual matter requiring concrete rules and principles, both procedural and substantive. Here, priority is to establish minimum standards of conduct for such activities that affect the environment of global commons, at the national and international level. An expertly designed treaty with balanced contents, which are strong enough to hold the state parties liable for their activities and, at the same time, motivating enough to be bound by obligation by ratification, is to be adopted.Originality/valueThis paper is original in calling for the full participation of all states, rich and poor, to address damage to global commons effectively and efficiently.

Journal

International Journal of Law and ManagementEmerald Publishing

Published: Mar 12, 2018

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