Titre

Safeguarding the Global Commons: The Legal Status and Scope of the Concept of Actio Popularis in International Environmental Law

Auteur Luan Tamara Elizabeth HARFORD
Directeur /trice Makane Moïse Mbengue
Co-directeur(s) /trice(s)
Résumé de la thèse The concept of a right of actio popularis suggests that every state has a common interest in and legal right to the protection of the natural resources of the global commons. This includes the high seas, the airspace above it, the area of the seabed, the ocean floor and subsoil thereof, the atmosphere, outer space and certain parts of Antarctica. This right of actio popularis may be exercised by any state (regardless of whether it has suffered special injury to its resources or interests) on behalf of the international community as a whole, so as to enforce the international legal obligation of states to avoid environmental damage to areas beyond national jurisdiction. This research will examine the right of actio popularis in tackling the inadequacies of liability for environmental harm to the global commons as a result of activities within a State’s jurisdiction or control. The methodology will be based on analyses of the literature; collected from primary and secondary sources, as well as a historical review of the theory of natural law, and the emergence of the principles of common concern and common heritage of mankind. This research will provide new justifications for the recognition of actio popularis in international environmental law, as well as develop a theoretical framework for State liability in hopes of addressing the general inertia of the international community in developing international laws regarding accountability for environmental harm to the global commons.
Statut au début
Délai administratif de soutenance de thèse 2024
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