Pub Date : 2021-08-04DOI: 10.1093/oso/9780192846501.003.0014
Peter-Tobias Stoll
Many efforts of international cooperation serve to organize global public goods, to set up regimes for global commons, and to promote fundamental values. Friedmann welcomed these developments as a law of cooperation, where states go beyond merely coordinating sovereign interests but indeed reach out for collective action. Friedmann’s diagnosis correctly described the essence of today’s international law and its developments. Diverse international regimes exist, particularly in areas such as human rights, environmental protection, and economic relations. However, public goods and fundamental values can hardly be achieved by those regimes in separation. A proper interaction across the various agreements and regimes is vital. States should join to achieve common ends. A ‘new’ law of cooperation is needed, aimed at promoting public goods and values across the diverse regimes and concerned about the integrity of the international legal order also addressing dimensions of efficiency and legitimacy.
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Millions of people have been depending on commons such as forests, pastures, grazing lands, and fisheries to meet their basic needs for centuries. Because these commons are often left unrecognized, they face the threat of enclosure, which risks depriving peoples in the Global South from their most basic access to essential resources. Legal scholars are therefore called upon to rethink the prevailing system of global governance. Very little has been said about the role that international law could play in the empowerment of communities in the self-management of their resources and in the resistance against enclosure. It remains unclear to what extent international law can require states to recognize the commons as a democratic practice of its own and protect marginalized populations from enclosure and dispossession. This chapter asks the question as to whether international law can be rethought as part of the solution in saving the commons from enclosure.
{"title":"Commons, Global (Economic) Governance, and Democracy: Which Way Forward for International Law?","authors":"Samuel Cogolati, J. Wouters","doi":"10.2139/ssrn.3271680","DOIUrl":"https://doi.org/10.2139/ssrn.3271680","url":null,"abstract":"Millions of people have been depending on commons such as forests, pastures, grazing lands, and fisheries to meet their basic needs for centuries. Because these commons are often left unrecognized, they face the threat of enclosure, which risks depriving peoples in the Global South from their most basic access to essential resources. Legal scholars are therefore called upon to rethink the prevailing system of global governance. Very little has been said about the role that international law could play in the empowerment of communities in the self-management of their resources and in the resistance against enclosure. It remains unclear to what extent international law can require states to recognize the commons as a democratic practice of its own and protect marginalized populations from enclosure and dispossession. This chapter asks the question as to whether international law can be rethought as part of the solution in saving the commons from enclosure.","PeriodicalId":268388,"journal":{"name":"The Protection of General Interests in Contemporary International Law","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121691998","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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