Acceso usuarios
Athanasios Mihalakas, Taylor Macy
The disproportionate impact of climate change on the global commons stems from national governments’ focus on mitigating its effects within their own borders. Furthermore, national governments only have jurisdiction over their territory and cannot enforce laws or regulations within international spaces. Therefore, to address the leading cause of climate change, there is a dire need for action on the global stage. This Article aims to determine the capability of the current global governance framework, especially the United Nations (U.N.), to effectively tackle climate change. Specifically, this Article examines the unique limitations of the global governance system, and what might need to change for an international institution, like the U.N., to play a positive role in addressing climate change. First, we look at what constitutes the ‘global commons’ and how its protection will ultimately require re-evaluating basic customary international legal concepts such as sovereignty. Then, this Article analyzes the specific institutional capacities of the U.N. in addressing climate change globally. Next, this Article evaluates the three most viable U.N. governance mechanisms that could potentially address climate change globally and protect the global commons: the U.N. General Assembly Resolution 377A, the U.N. Trusteeship Council, and the U.N. Budget. Ultimately, this Article determines that the U.N.’s current protection of the global commons can only be achieved through its budget. Although the U.N. governance system possesses the capacity for concerted global action to protect the global commons from climate change, the geo-political realities are unfavorable. The action that can be taken has not been forthcoming for decades, and the changes that need to be made are not favored by the U.N. Security Council’s permanent members.
