Environmental liability and global commons: a critical study

Abstract

Purpose

The 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/approach

This 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.

Findings

Transboundary 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/value

This paper is original in calling for the full participation of all states, rich and poor, to address damage to global commons effectively and efficiently.

Citation

Nigar, M. (2018), "Environmental liability and global commons: a critical study", International Journal of Law and Management, Vol. 60 No. 2, pp. 435-451. https://doi.org/10.1108/IJLMA-01-2017-0002