Legislating for Humanity: May States Compel Foreigners to Promote Global Welfare?
GlobalTrust Working Paper No. 2/2013
17 Pages Posted: 20 Aug 2015
Date Written: February 1, 2013
This contribution discusses the legitimate scope of what it calls “legislation for humanity,” namely the unilateral regulation by states of activities in and also outside the state whose goal is to prevent or remedy global public “bads” such as global warming. The chapter approaches this question from a theoretical framework which regards sovereign states as embedded in a global order of which they are parts and to which they owe certain obligations as “trustees of humanity”. As such they are entitled to – indeed, in some instances they must – act unilaterally for the common good, as long as they meet rigorous conditions that ensure that the interest and opportunities of all affected stakeholders are seriously taken into account.
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