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From Common Heritage To Fragmented Governance: An Analysis Of Global Commons Treaties And Their Human Rights Implications




Tanishka Mishra & Tanay Salwe, Gujarat National Law University, Gandhinagar


ABSTRACT


Global commons are areas beyond national jurisdiction such as the high seas, atmosphere, Antarctica, and outer space, which are shared by all states and peoples.1 The way that global commons are run is a problem for international law. This is because these resources are available to everyone. Nobody actually owns them. This means that global commons are often used much and get damaged, which is known as the tragedy of the commons.


Even though international laws have been created to manage these resources there are still some gaps in the way they are run. These gaps stop laws from being effective in dealing with global commons issues. If we do not fix these gaps the way that global commons are run could make environmental problems worse. Increase inequality around the world.


This paper wants to look at how international treaties work in managing global commons and meeting human needs. It will use an analysis of the law and a critical look, at major environmental laws to see how well they work in managing global commons.


The paper will look at commons and see how international environmental law and treaty governance affect human rights and sustainable development.


Keywords: commons, international environmental law, treaty governance, human rights, sustainable development.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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