The application of the concept of 'Common Heritage of Humankind' to the protection of the global environment: One response of public international law to global environmental threats

The world faces an environmental crisis which can only be resolved through global co-operation and solidarity. Traditional international environmental law, based on the positivist notion of sovereignty, cannot offer adequate solutions. International environmental law must be based on a global approach founded on the notion of a common concern of humankind. This global approach has to provide a legal framework for the protection of the global environment. But it also must take into account the diverging needs and expectations of the different states. Furthermore, it must be realistic and cannot simply demand the replacement of sovereign states by a world government. The Common Heritage of Humankind concept, developed to regulate the use of common-space areas, is based on the notion of solidarity and the duty to co-operate. It can be applied mutatis mutandis to the protection of the global environment.