On the Concept of a Global Public Interest: Some Reflections

Article type: Research Article

Authors: Aguila, Yann^{a; *} | de Bellis, Marie-Cécile^b

Affiliations: [a] Lawyer at the Paris Bar, Bredin Prat, Affiliate Professor at Sciences Po Paris, France | [b] Lawyer at the Paris Bar, DS Avocats, Teacher at Sciences Po Paris, France

Correspondence: [*] Corresponding author. E-mail: yannaguila@bredinprat.com.

Abstract: The emergence of the global public interest stems from a shift in the notion of sovereignty that goes beyond the interest of a State per se. It comprises inevitability of the assertion of sovereignty in a state-centric international legal and global order. As growing numbers of international legal instruments factor in and use different nomenclatures to indicate quest to go beyond the narrow confines of ‘sovereignty’ to cater to need for co-existence with other nations and peoples, it calls for sensitivities in our pursuit for something ‘common’ on the planet earth. This article seeks to examine and contextualize the quest for a global common interest in the emerging scenario of deepening of the global environmental challenges and the need to find legal and institutional mechanisms for our survival. Can we chisel the existing tools and prioritize the common interest at the global level? What will it entail?

Keywords: State sovereignty, global public interest, common concerns, common heritage of mankind, rethinking the existing techniques, global commons

DOI: 10.3233/EPL-219020

Journal: Environmental Policy and Law, vol. 52, no. 1, pp. 13-20, 2022