Liability for damage to the global commons

Abstract

No study of international environmental law would be complete without an examination of the injurious consequences of human activities in the areas beyond the limits of national jurisdiction or control, usually referred to as the “global commons,” or simply “the commons.” The call for the development of State responsibility and liability for damage caused to the commons is so recent and novel that few positive rules of international liability can be construed either from international adjudication or treaty practice. However, international efforts are moving to develop rules to address damage to the commons per se . Traditionally rules of international liability for transboundary damage related predominantly to injury to national rights and interests, whether suffered directly by the State itself or through its nationals. With the upsurge of international concern over environmental protection, however, the issue of damage to the global commons has become one of the most important topics for international action. Such issues as maritime environmental protection, the depletion of the ozone layer, biological diversity, climate change, and land degradation are now a priority. Meanwhile, substantive studies are being carried out in several fora with a view to drafting the rules of international liability for damage caused in the common areas. With each conventional framework in these fields, a new pattern of international actions to cope with global environmental damage is being formed. This chapter will begin with a general review of the law relating to each area of the commons, focusing on international responsibility and liability.