The Concept of the Common Heritage of Mankind in International Law


Book Description

The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.




The Illusion of Progress


Book Description

Is 'sustainable development' a charade sold to an increasingly misled public? This book presents a wide-ranging, penetrating critique of sustainability and what it actually means. The author argues that despite the rhetoric of socially and environmentally sustainable development and the ever-increasing number of legislative environmental policies, the real issues such as consumption, population growth and equity are either sidestepped or manipulated in international policy and law. Analyzing the main areas of concern - economic growth, market structure, trade, aid, debt, security and sovereignty - he shows that the entire development structure and the underpinnings of the debate are leading down quite a different path to that intended by sustainability.




Sovereign (In) Equality in International Organizations


Book Description

This book challenges the dominant intellectual assumptions of mainstream international law scholarship regarding the principle of Sovereign Equality. The animus and scope of this challenge is situated in the context of the decision-making processes in International Governmental Organizations (IGOs) which employ the `one state, one vote' and/or the `weighted voting' rule. Using the theories of Functionalism and Legitimacy to analyze the legal implications and complications of the principal voting mechanisms and voting practices of certain key IGOs vis-à-vis the doctrine of Sovereign Equality, the author establishes that this doctrine has remained far too orthodox for contemporary realities. In this context, she emphasizes the importance of the necessity for functional legitimate decision-making processes in global governance, and, accordingly, advocates the elimination of the anachronistic and non-viable principle of Sovereign Equality from international institutional law. The author also rejects the introduction of any new principle in IGOs - e.g. democratic governance - which will render decision-making even less functional.




The Oxford Handbook of Law, Regulation and Technology


Book Description

The variety, pace, and power of technological innovations that have emerged in the 21st Century have been breathtaking. These technological developments, which include advances in networked information and communications, biotechnology, neurotechnology, nanotechnology, robotics, and environmental engineering technology, have raised a number of vital and complex questions. Although these technologies have the potential to generate positive transformation and help address 'grand societal challenges', the novelty associated with technological innovation has also been accompanied by anxieties about their risks and destabilizing effects. Is there a potential harm to human health or the environment? What are the ethical implications? Do this innovations erode of antagonize values such as human dignity, privacy, democracy, or other norms underpinning existing bodies of law and regulation? These technological developments have therefore spawned a nascent but growing body of 'law and technology' scholarship, broadly concerned with exploring the legal, social and ethical dimensions of technological innovation. This handbook collates the many and varied strands of this scholarship, focusing broadly across a range of new and emerging technology and a vast array of social and policy sectors, through which leading scholars in the field interrogate the interfaces between law, emerging technology, and regulation. Structured in five parts, the handbook (I) establishes the collection of essays within existing scholarship concerned with law and technology as well as regulatory governance; (II) explores the relationship between technology development by focusing on core concepts and values which technological developments implicate; (III) studies the challenges for law in responding to the emergence of new technologies, examining how legal norms, doctrine and institutions have been shaped, challenged and destabilized by technology, and even how technologies have been shaped by legal regimes; (IV) provides a critical exploration of the implications of technological innovation, examining the ways in which technological innovation has generated challenges for regulators in the governance of technological development, and the implications of employing new technologies as an instrument of regulatory governance; (V) explores various interfaces between law, regulatory governance, and new technologies across a range of key social domains.







The Greening of Machiavelli


Book Description

First published in 1994. Environmental issues present a daunting challenge to the international system. The destruction of the tropical rainforest, the Chernobyl explosion and the ozone layer ‘hole’ all underline the transnational nature of environmental threats and the need for states to act together in order to tackle them. How have such environmental issues entered political agendas in different parts of the world and how has that affected national positions? Can governments ever reconcile their own national interests with the international cooperation needed to deal with transboundary issues such as climate change? This book traces the history of international environmental negotiations and regulations and looks at the domestic policies upon which cooperation in the international community depends. It covers some major milestones in recent history, from the Torrey Canyon accident through to the Rio ‘Earth Summit’ and the emergence of the European Community as a major international environmental actor. It also looks at cross-cutting issues such as the role of non-governmental organizations, the environmental impacts of world agriculture and trading arrangements, industry’s attitudes, and the relationship between democracy and environmental protection. It concludes by examining how the international system has adapted, and may adapt further, to deal effectively with environmental problems, and reflects on the implications of this for the future.