What are the legal consequences of labeling climate change as a "Common Concern of Humankind"?

What is it about?

The United Nations Framework Convention, the Paris Agreement, and several COP decisions define climate change as a Common Concern of Humankind (CCH). However, the legal consequences of such a label are still under discussion. This paper reviews the main academic contributions on the topic and proposes a new approach. According to us, the CCH status does not create new obligations but changes those commitments already included in a regime. Specifically, it will have five legal consequences. Firstly, the obligations will become obligations of integral structure. Thus, they will have an 'erga omnes' or 'an erga omnes partes' character. Secondly, they will enjoy preferential applicability. Thirdly, when a State violates a commitment, the parties must apply the exceptional regime of international responsibility. Fourthly, the CCH will participate in the standard-setting process of the obligations of diligence. Finally, the parties must fulfill the regime's obligations by considering the general duty to cooperate.

Featured Image

Photo by Li-An Lim on Unsplash

Photo by Li-An Lim on Unsplash

Why is it important?

During the last decades, Public International Law has recognized several Global Public Interests. However, we have not clearly defined the legal consequences of such recognitions. This paper aims to contribute to these efforts.