ABSTRACT

This chapter offers some ideas about the global commons–the polar regions, the oceans, the atmosphere and outer space–and how they can be reclaimed under a system of governance based on trusteeship. States driven by their national interests, have been largely resistant to accepting responsibility for the global commons and the earth system. The environmental crisis and the state of the global commons give rise to the need for revisiting the relationship between sovereignty and trusteeship. The government would act as an environmental trustee; internationally, states would act jointly as trustees for the global commons, such as the atmosphere. Global commons governance reverses the traditional rule that international law and governance ends where national borders begin. Governmental duties can be understood as fiduciary obligations towards citizens. Such fiduciary obligations are recognised typically in public law, exist in common law and civil law and are also known in international law.