This study examines the rules of international law governing the global commons. Because global common resources are shared among states, competition for the use of such resources and the sharing of externalities from resource use are bound to increase in the future. The book examines how the quest for a minimum order, fairness, and effectiveness has guided the development of international environmental law and policy making.

Chapter 1 provides an introduction to international law and international environmental law. It provides an overview of the actors of international lawmaking, the international lawmaking process, and the historical evolution of international environmental law. Concepts of international environmental law, such as sovereignty over national resources, the “polluter pays” principle, the precautionary principle, equitable cost-sharing of environmental externalities, sustainable development, and common but differentiated responsibilities are explored. The chapter examines human rights as the threshold principles of international environmental lawmaking. Issues of monitoring and enforcement in international law are also introduced.

Chapter 2 examines the foundations of international environmental law. The pursuit of minimum order, equity, and effectiveness in international law is analyzed and the interconnection among the foundations of international environmental law is explored. The chapter examines how issues of distributive equity often determine the effectiveness of international environmental lawmaking. Issues of cost-effectiveness as they influence the success of international environmental regimes are also examined. The enclosure of national common pool resources is introduced and analyzed.