a) Description
This course focuses on global commons, in other words all the resources that are beyond state sovereignty either because they do not fall under their jurisdiction or because they have not been appropriated for legal or other reasons. Certain global commons like the high seas have been the object of significant attention for decades and innovative legal regimes have arisen, for instance, concerning deep seabed mineral resources governed by the principle of common heritage of humankind. Other global commons, such as the global atmosphere and the global water cycle are recognised as issues of global importance but suffer from incomplete or insufficient regulation. In the case of outer-space, the existing legal regime is premised on a principle of non-appropriation but rapid changes are visible in the context of new opportunities for natural resource exploitation, while at the same time the negative environmental consequences of outer-space use are becoming increasingly visible. This course course addresses some of the main global commons that are recognised and regulated, explores issues concerning global commons whose regulation is lacking and reflects on the consequences of appropriation, as happened in the case of seeds that were recognised as a common heritage of humankind until the 1980s.
Objectives and learning outcomes
Develop a critical understanding of the concept of the global commons in law and the ways in which it has been implemented and has evolved over time
Understand the key principles, actors and institutions relevant to the regulation of global commons;
Understand global commons in terms of the broader environment and development dimensions.
b) Indicative syllabus (subject to change)
1. Introduction and Context
PRINCIPLES AND HISTORICAL PERSPECTIVES
2. Bases for governing the commons: sovereignty, common heritage and beyond
3. The Commons in Historical Perspective
MARITIME AREAS
4. Marine spaces I: The high seas
5. Marine spaces II: the deep seabed
OLD AND NEW COMMONS
6. Fish as a global commons
7. Seeds as Commons: From Common Heritage to Sovereign Rights and Intellectual Property Rights
OUTER SPACE
8. Outer space: Extraterrestrial International Law
9. Outer Space II: Outer Space Imaginaries, The Moon, and the Global Commons
MULTILATERALISM AND THE COMMONS
10. The BBNJ Treaty: a step forward?
c) Assessment (subject to change)
Assessment comprises two different elements:
Book review: 1,000 words (30 % of the mark)
Essay: 2,500 words (70% of the mark)