Protecting the Atmosphere as a ‘Global Common Good’

Abstract

Atmospheric degradation has progressively been recognized as an international concern and several conventions have been adopted to regulate harmful activities. Nevertheless, international law on the protection of the atmosphere is still fragmented, and insufficient to respond to the multiple threats that it faces. This chapter aims to consider what are the possibilities and constraints in international law for recognizing the atmosphere as a global common good. The author examines: (i) what would be the legal consequences of recognizing the atmosphere as a global common good or as a common concern of humankind; (ii) whether the applicable international law already includes any references to the recognition of the atmosphere as such; and (iii) what are the challenges and constraints for doing so.