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Throughout the history of mankind, migration has been a constant companion. Today, migration has become a major policy issue in the wake of globalization, enhanced international trade in goods and services and capital flows. Divergences in social and economic development and income disparities increased migration flows mainly of economic migrants for which, unlike political refugees, established multilateral disciplines and rules that do not properly exist in international law and relations people lived outside their country of origin. Enhanced migration flows due to a multitude of factors, such as war, climate and in economic disparities are at the root of current populism and international tensions. It bears to the potential to threat international peace and security, and thus potentially qualifies as a common concern of humankind. The paper expounds the potential of the principle of Common Concern of Humankind in structuring future developments of international law of migration, enhancing duties to cooperate, compliance and obligations to act in the field. It is submitted that Common Concern of Humankind offers a new narrative, stressing migration as as common task of humankind which no longer can be dealt with in isolation by nation states.
Tracing the background and origins of common concern of humankind, this chapter elaborates the legal framework and normative components of a future principle of Common Concern of Humankind. While its contours have remained vague and undetermined so far, we suggest that a future principle could emerge in a process of claims and responses, consisting of essentially three dimensions. Problems actually or potentially posing a threat to international peace and stability - and thus in need to be addressed - entail obligations to consult and cooperate, beyond current disciplines of general public international law. It entails obligations to implement international obligations and commitments, in addition to domestic law which in the field, may deploy extraterritorial effects in addressing the shared problem at hand. Finally, the principle obliges states to act and take countermeasures, subject to proportionality, in response to free-riding and evasive states. The principle of Common Concern is not limited to international law, but may also deploy comparable effects within states and federations in addressing pressing shared problems. It has the potential to become an important building block of transnational federalism and multi-level governance and to assist restructuring different areas of public international law seeking greater cooperation and commitments in addressing pressing and shared regulatory needs.
The Common Concern of Humankind today is central to efforts to bring about enhanced international cooperation in fields including, but not limited to, climate change. This book explores the expression's potential as a future legal principle. It sets out the origins of Common Concern, its differences to other common interest legal principles, and expounds the potential normative structure and effects of the principle, applying an approach of carrots and sticks in realizing goals defined as a Common Concern. Individual chapters test the principle in different legal fields, including climate technology diffusion, marine plastic pollution, human rights enforcement, economic inequality, migration, and monetary and financial stability. They confirm that basic obligations under the principle of 'Common Concern of Humankind' comprise not only that of international cooperation and duties to negotiate, but also of unilateral duties to act to enhance the potential of public international law to produce appropriate public goods.
Cross-border trade in electricity is rapidly expanding as a result of technical innovations, economic and geopolitical developments, and the ongoing decarbonisation of the electricity sector in response to climate change. The expansion of electricity networks and the integration of increasing shares of renewable energy (RE) electricity into the grid have made long-distance electricity flows both feasible and desirable. Drawing on the work of experts in trade and energy law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international trade in electricity, this book examines the most important challenges - technical, economic, legal and policy-related - posed by long-distance and sustainable electricity trade. The book explores the regulatory implications of the policy instruments aimed at supporting RE electricity and considers how best to promote greater overall coherence in international electricity governance.