Law of the Sea in Dialogue by Christian Tomuschat (auth.), Holger Hestermeyer, Nele

By Christian Tomuschat (auth.), Holger Hestermeyer, Nele Matz-Lück, Anja Seibert-Fohr, Silja Vöneky (eds.)

The interrelation among various fields of public overseas legislations has specific relevance for the systematic figuring out of overseas legislation. The e-book features a selection of essays at the legislations of the ocean and its interdependencies with different present felony problems with worldwide significance. the problem of the connection among international warming and legislations of the ocean concerns are one concentration. In a moment thematic part the gathering addresses the worldwide commons. The 3rd half bargains with safety concerns. the hot elevate in piracy actions has proven the relevance of discussing the linkage among the legislations of the ocean and protection issues.

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S. citizen should have more extensive rights to emit greenhouse gases than an inhabitant of the Central African Republic or of Afghanistan. On the other hand, however, the existing de facto situation cannot be ignored. The growth of the industrialized world has shaped realities that have also contributed to the general welfare of all peoples of the world. Relegating modern industrialized societies to the status of an agricultural subsistence economy is impossible. They would never accept such a death sentence.

1 See S. N. Krohn, Twenty Thousand Leagues Under the Sea: On the Legal Admissibility of Strategies to Mitigate Climate Change by Ocean Sequestration, in: M. Bothe/E. ), Climate Change Policy, 183-216, at 185 et seq. (2005); R. Rayfuse/M. G. Lawrence/K. M. Gjerde, Ocean Fertilisation and Climate Change: The Need to Regulate Emerging High Sea Uses, 23 International Journal of Marine and Coastal Law 297-326 (2008). 2 Krohn (note 1), at 185. Measures to Fight Climate Change − A Role for the Law of the Sea?

68 To sum up: specific relationships between wrongdoing States on the one hand and victim States on the other hand cannot be discovered. The international community has not yet grown up as an independent actor who could make reparation claims as the guardian angel of the global commons. Additionally, the observer is unable to witness the violation of any relevant international obligations. Accordingly, a different philosophical basis must be found. Without attributing blame or praise, it should content itself with establishing an objective balance sheet and purport to determine on that basis what share of the globe’s resources may legitimately be claimed by the different peoples, acting through their governments.

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