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The principle of common concern and climate change


Cottier, Thomas; Aerni, Philipp; Carapinar, Baris; Matteotti, Sofia; de Sépidus, Joëlle; Shingal, Anirudh (2014). The principle of common concern and climate change. NCCR TRADE WORKING PAPER 2014/18, National Centres of Competence in Research (NCCRs) - SNF.

Abstract

Effective policies combating global warming and incentivising reduction of greenhouse gases face fundamental collective action problems. States defending short term interests avoid international commitments and seek to benefit from measures combating global warming taken elsewhere. The paper explores the potential of Common Concern as an emerging principle of international law, in particular international environmental law, in addressing collective action problems and the global commons. It expounds the contours of the principle, its relationship to common heritage of mankind, to shared and differentiated responsibility and to public goods. It explores its potential to provide the foundations not only for international cooperation, but also to justify, and delimitate at the same time, unilateral action at home and deploying extraterritorial effects in addressing the challenges of global warming and climate change mitigation. As unilateral measures mainly translate into measures of trade policy, the principle of Common Concern is inherently linked and limited by existing legal disciplines in particular of the law of the World Trade Organization.

Abstract

Effective policies combating global warming and incentivising reduction of greenhouse gases face fundamental collective action problems. States defending short term interests avoid international commitments and seek to benefit from measures combating global warming taken elsewhere. The paper explores the potential of Common Concern as an emerging principle of international law, in particular international environmental law, in addressing collective action problems and the global commons. It expounds the contours of the principle, its relationship to common heritage of mankind, to shared and differentiated responsibility and to public goods. It explores its potential to provide the foundations not only for international cooperation, but also to justify, and delimitate at the same time, unilateral action at home and deploying extraterritorial effects in addressing the challenges of global warming and climate change mitigation. As unilateral measures mainly translate into measures of trade policy, the principle of Common Concern is inherently linked and limited by existing legal disciplines in particular of the law of the World Trade Organization.

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Additional indexing

Item Type:Working Paper
Communities & Collections:03 Faculty of Economics > Center for Corporate Responsibility and Sustainability
Dewey Decimal Classification:330 Economics
Language:English
Date:June 2014
Deposited On:28 May 2015 09:50
Last Modified:16 Aug 2017 10:19
Series Name:NCCR TRADE WORKING PAPER
Number of Pages:25
Funders:National Centres of Competence in Research (NCCRs) - SNF
Free access at:Official URL. An embargo period may apply.
Official URL:http://www.wti.org/fileadmin/user_upload/nccr-trade.ch/wp5/publications/Cottier_et_al_Common_Concern_and_Climate_Change_Archiv_final_0514.pdf
Related URLs:http://www.ccrs.uzh.ch (Author)
http://www.wti.org/research/publication/?tx_nccr_pi1[show]=725&cHash=68cdc24413f1582bc3a3217c06a441c9 (Publisher)

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