Protection of the global climate regime as an obligation erga omnes

Abstract

Global climate change, in addition to the devastation generated by the increasing frequency of extreme weather events and rising sea-levels, has been adversely affecting the access to freshwater resources, food production and security, as well as biodiversity and human health. United Nations has recognized this environmental phenomenon as a common concern of humankind, which is a part of the global commons law. One legal implication attached to such recognition is that the general obligation of States to protect the climate regime might acquire an erga omnes character. However, it is not entirely clear what obligations erga omnes entail and how they are identified in international law. In this context this thesis will examine the identification methods proposed in international law and further explore the possibility of the adoption of an alternative approach to establish a basis for the protection of global climate regime to be recognized as an obligation erga omnes.