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The application of the concept of "common heritage of humankind" to the protection of the global environment : our response of public international law to global environmental threats

The world faces an environmental crisis which can only be resolved through global co-operation and solidarity. Traditional international environmental law, based on the positivist notion of sovereignty, cannot offer adequate solutions. International environmental law must be based on a global approach founded on the notion of a common concern of humankind. This global approach has to provide a legal framework for the protection of the global environment. But it also must take into account the diverging needs and expectations of the different states. Furthermore, it must be realistic and cannot simply demand the replacement of sovereign states by a world government. The Common Heritage of Humankind concept, developed to regulate the use of common-space areas, is based on the notion of solidarity and the duty to co-operate. It can be applied mutatis mutandis to the protection of the global environment.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.60445
Date January 1991
CreatorsBerrisch, Georg Matthias
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Laws (Institute of Comparative Law.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001215078, proquestno: AAIMM67592, Theses scanned by UMI/ProQuest.

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