Some Reflections on Legal and Philosophical Foundations of International Environmental Law

Abstract

This article examines the legal and philosophical foundations of international environmental law. It analyses the legal regime of the Common Heritage of Mankind (Humankind) (CHM), Common Concern of Mankind (Humankind) (CCM), and the principles of intra- and intergenerational equity. The regime of CHM covers the Moon and other celestial bodies and the "Area" under the 1982 United Nations Convention on the Law of the Sea. The regime of CCM relates to areas such as climate change and biodiversity. Both CHM and CCM are based on a premise that certain areas of human activities are held in common interest for the whole community of States. In this context, the article claims that the underlying, foundational principles of international environmental law have the common theme of intra- and intergenerational equity.

Keywords: common heritage of mankind, common concern of mankind, international law, international environmental law, UNCLOS

JEL Classification: K33