Group A II Reading Notes

Group A II Reading Notes - Audra Bartels International...

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Audra Bartels International Studies 501 Group A 11/20/2007 Group IIA Chapter Notes Chapter 10 : International Law in the 21 st Century , Christopher C. Joyner Global common spaces- domains that lie beyond the exclusive jurisdiction of any state but which may be used by states or their nationals for their own purposes (ie. Resource extraction, waste disposal, scientific research) Each can be further broken down into various common use aspects International Law recognizes the right of all people to use common spaces, with regards to the interests of other states in the exercise of such freedoms. (225) The stakes in failing to manage gcs are worldwide in scope and life-threatening in severity International agreements, normative principles, legal rules, and decision-making institutions manage, protect, conserve gcs; indv. gov’ments unable to. REGIME FORMATION IN THE GLOBAL COMMONS New politico-economic ideologies, new technologies, and the desire by countries to exploit living & nonliving resources in the gcs for economic growth motivate the formation of multilateral coordinating and regulating legal agreements NIEO (New International Economic Order)- Motivated by collapse of Bretton Woods System (early 1970’s) + oil price shocks. Attempt to reformulate the legal status of global common-space areas. Propelled by developing countries’ desire for rapid development Argues for the exploitation of natural resources in the commons and the use of revenues derived from those exploitation efforts to subsidize development programs and opportunities CHMP (Common Heritage of Mankind Principle)- commons area not subject to state appropriation, but owned by all humankind; economic benefits from a CHMP regime must be shared w/ all peoples. Benefits might be allocated to poor countries. Considers commons area to be held in trust for future, not only present needs Requires permanent international administration over a commons area, theoretically done by all peoples but performed practically through a supranational management and monitoring agency (Ex. International Seabed Authority) Became integral feature of NIEO during late 1970’s, however still lacks acceptance as customary legal norm sustained and substantiated by state practice. Demand by developing countries for resource exploitation => demand of developed states to establish stronger regimes dedicated to management of the global common spaces Legally based regime structures could supply strengthened internationally approved conservation rules and preservation norms to protect those resources in the long run Legal regimes constantly evolve ; thus “convention with additional protocols” commonly used Sanctions/liability provisions not always incorporated into agreements for common areas
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Group A II Reading Notes - Audra Bartels International...

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