Common But Differentiated Responsibilities in International Law

2004 ◽  
Vol 98 (2) ◽  
pp. 276-301 ◽  
Author(s):  
Christopher D. Stone
Keyword(s):  
Public Health ◽  
Public Goods ◽  
International Law ◽  
Global Public Goods ◽  
Global Partnership ◽  
The Poor ◽  
Common But Differentiated Responsibilities ◽  
The Rich

The concept of “common but differentiated responsibilities” (CDR) is receiving increasing recognition in international law. “Common” suggests that certain risks affect and are affected by every nation on earth. These include not only the climate and the ozone shield, but all risk-related global public goods, including peace, public health, and terrorism. In reducing the mutual risks, all nations should “cooperate in a spirit of global partnership.” Responsibilities are said to be “differentiated,” however, in that not all countries should contribute equally. CDR charges some nations, ordinarily the Rich, with carrying a greater share of the burden than others, ordinarily the Poor.

The Decay of Consent: International Law in an Age of Global Public Goods

2014 ◽  
Vol 108 (1) ◽  
pp. 1-40 ◽  
Author(s):  
Nico Krisch
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
International Law ◽  
International Community ◽  
Global Public Goods ◽  
Community Values ◽  
International Legal Order ◽  
The Face ◽  
Common Policies ◽  
The Cost

The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly “moral” in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging “international community,” questioned the prevailing contractual models of international law and emphasized the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states’ freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed—and what we are likely to see—is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules.

scholarly journals International cooperation during the COVID-19 pandemic

2020 ◽  
Vol 36 (Supplement_1) ◽  
pp. S64-S76 ◽  
Author(s):  
Gordon Brown ◽  
Daniel Susskind
Keyword(s):  
Public Health ◽  
Infectious Disease ◽  
Public Goods ◽  
International Cooperation ◽  
Global Public Goods ◽  
Cooperative Response

Abstract This paper explores the concept of ‘global public goods’ (GPGs) in the context of the ongoing COVID-19 pandemic. It argues that many of the tasks involved in public health, and in particular those involved in the control of an infectious disease like COVID-19, ought to be treated as GPGs that can only be effectively delivered through international cooperation. It sets out what a cooperative response to the COVID-19 pandemic should look like and introduces ideas for further discussion about how it might be financed.

scholarly journals Beware the Kindleberger Trap in Global Health Governance

2021 ◽  
pp. 1-21
Author(s):  
Jin Jiyong
Keyword(s):  
Public Health ◽  
Global Health ◽  
Public Goods ◽  
Stress Test ◽  
The United States ◽  
Global Health Governance ◽  
Global Public Health ◽  
Global Public Goods ◽  
Health Governance ◽  
Health Crisis

The Covid-19 pandemic is both a public health crisis and a stress test for global health governance. Effective health governance hinges on the provision of global public goods for health. Generally, the hegemon underwrites the operation and stability of the global public health architecture by ensuring the sustained supply of global public goods for health. But when the hegemon is unable or unwilling to shoulder this responsibility, global health governance may run the risk of falling into a Kindleberger Trap. The leadership vacuum that is opening up amid the coronavirus pandemic is accelerating the process. At present, China should adopt a three-pronged approach to promote bilateral health cooperation with leading countries like the United States, strengthen regional institution-building with ASEAN, South Korea, Japan, and Belt and Road countries, and improve the performance, credibility, and integrity of global organizations like the WHO and G-20. The Kindleberger Trap in global health governance can be overcome by adapting regional health coordination to make it more agile and effective.

scholarly journals Editorial (Public Health Pharmacogenomics and the Design Principles for Global Public Goods – Moving Genomics to Responsible Innovation)

2013 ◽  
Vol 11 (1) ◽  
pp. 1-4 ◽  
Author(s):  
Vural Ozdemir ◽  
Alexander Borda-Rodriguez ◽  
Edward S. Dove ◽  
Lynnette R. Ferguson ◽  
Farah Huzair ◽  
...  
Keyword(s):  
Public Health ◽  
Public Goods ◽  
Design Principles ◽  
Responsible Innovation ◽  
Global Public Goods

scholarly journals The Case for ‘Human Diplomacy’

2020 ◽  
Vol 15 (4) ◽  
pp. 670-680
Author(s):  
Javier Solana
Keyword(s):  
Public Health ◽  
Climate Change ◽  
Food Security ◽  
Civil Society ◽  
Private Sector ◽  
Public Goods ◽  
Global Governance ◽  
Shared Governance ◽  
Human Security ◽  
Global Public Goods

Summary Apocalyptic predictions on the world’s future after COVID-19 are unfounded. Structures of global governance can be reinforced through greater subsidiarity; that is, by enhancing the participation of local authorities, by the involvement of civil society and the private sector and by regionalising initiatives, where appropriate. Furthermore, globalisation’s scope should be extended to comprise the shared governance of all global public goods and elements affecting human security. This essay outlines how this transformation could work for the four policy areas of global trade, food security, public health and climate change.

The Protection of General Interests in Contemporary International Law

2021 ◽  
Keyword(s):  
Public Goods ◽  
International Law ◽  
Global Public Goods ◽  
Regional Organizations ◽  
Global Commons ◽  
International Economic Law ◽  
Legal Foundation ◽  
Wide Range ◽  
Fundamental Values ◽  
Multiple Actors

This book is aimed at analysing the notions of global public goods, global commons, and fundamental values as conceptual tools geared towards the protection of the general interests of the international community. After having provided the readers with a general overview of the abovementioned concepts, the book examines how international law has responded to what qualifies as global public goods, global commons, and fundamental values in a wide range of fields. Moreover, the work also investigates how global governance has improved (or worsened) this response. Authors have discussed which general interests have or have not been deemed to deserve the protection of international law in one or more of the categories under scrutiny, and why; they have also explored the legal foundation of such interests in international law. In addition, they have focused on whether and how it is appropriate that international law intervenes to regulate such interests, taking into account the interplay between the multiple actors of international law, ranging from states, international and regional organizations, and non-state actors. They have further explored how states and other actors have used international law to protect general interests, what lessons can be learned from these efforts, and what main challenges still need to be addressed. Looking at international law through the prism of global public goods, global commons, and fundamental values has also implied an in-depth examination of different substantive regimes, such as, e.g. those regulating human rights, the protection of the environment, and international economic law.

Global Public Goods and the Poor

Development ◽  
2001 ◽  
Vol 44 (1) ◽  
pp. 77-84 ◽  
Author(s):  
Inge Kaul
Keyword(s):  
Public Goods ◽  
Global Public Goods ◽  
The Poor

The Protection of General Interests in Contemporary International Law

2021 ◽  
pp. 3-10
Author(s):  
Massimo Iovane ◽  
Fulvio M. Palombino ◽  
Daniele Amoroso ◽  
Giovanni Zarra
Keyword(s):  
Public Goods ◽  
International Law ◽  
Global Governance ◽  
International Community ◽  
Global Public Goods ◽  
Global Commons ◽  
Fundamental Values

This introductory chapter expounds on the characterization of the notions of global public goods (GPGs), global commons, and fundamental values (the objects of this book) as conceptual tools geared towards the protection of the general interests of the international community, with a view to providing a unifying perspective to read the contributions collected in this volume. In addition, this chapter explains why the notion of global governance is equally essential for the purposes of this inquiry.

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