The flying penguin wearing space suits crashed into the ocean. Loss of our global commons. A criminal law framework for international cooperation


Imagine a flying penguin wearing an outer space suit, crashing in the airspace over the vast blueness of the oceans in the world. You may be telling yourself: ” Penguins do not fly!” This particular penguin wears an outer space suit, and it can. But that’s not the point, however. This symbol from the family known as Spheniscidaes symbolizes one of the universal commons of humanity. The penguin, let’s imagine it as an emperor penguin in Antarctica. The space suit is for Outer Space, the fact that penguins fly suggests the atmosphere, and lastly, the location of the penguin in the sky above the oceans indicates the oceans at high tide. So, why is the penguin falling? This evocative twist suggests that the world’s ecosystem is deteriorating. We all need to take a more severe look at preventing and stopping the environmental damage caused by human activities.

The five commons that humans share each face severe issues due to human actions. For instance, Antarctica is under massive pressure due to climate change and is also facing a problem with waste; the oceans of the high seas are suffering from enormous resource overexploitation and pain with garbage. The atmosphere is becoming polluted. Outer Space, which for a long time appeared to be beyond the reach of humans, is experiencing issues with human waste.

It is the common goal of all people worldwide to safeguard these commons and avoid damage caused by humans and the catastrophic destruction of resources. [1] This text proposes that they be protected by criminalizing severe damage to the global commons under International criminal law.

The idea behind the Commons global

These are the natural elements and are areas that all peoples and nations from the Earth share.[2A specific country or person doesn’t own these areas, but they are considered part of the collective heritage of humanity.[3Because there is no ownership, the regions of the global commons are not within the borders of any national authority and reach.[4 The global commons comprise (at present) the world’s oceans, the atmosphere, Antarctica, Outer Space, and some areas of the high seas.[5 In his 1968 “The Tragedy of the Commons” essay, Garrett Hardin put the global commons into the spotlight.[6The paper Hardin significantly impacted the debate on how to protect and manage the commons.

All commons share one common thread: they are all vital to human well-being and survival. In the term “tragedy of the commons,” Hardin argued that the lack of protection of property rights for private owners in global commons leads to countries and individuals being encouraged to use the resources in their favor without considering the long-term effects. [7] He gave an instance of a typical grassland that is accessible to all members of the village feeding their livestock. In this scenario, every person is enticed to be able to graze as many animals as they can on the commons since the animals they don’t consume will be fed by another. [8]. Still, if everyone adheres to this logic, the pasture will eventually become excessively fed, ultimately diminished, resulting in an unimaginable tragedy for everyone. This scenario can be replicated by the (potential) utilization of the oceans, the atmosphere, the high seas, Antarctica, and Outer Space. To avoid disaster and loss of life, it is essential to create legal systems for property rights or other types of regulation to restrict the commons’ usage. [9] Humanity’s growth in population and consumption of resources must be managed to prevent the overuse and degrading of the commons worldwide. Because a specific country or person does not have ownership of the world’s commons, there is a need for international coordination and cooperation. International agreements are therefore required to be in place to govern the management of global commons.

The concept of a global commons is in existence. The notion that sharing resources and areas globally is not just a dream (or even a romantic one) is evident in various international treaties. Art. 11. of the Convention Governing the Activities of States in the Moon and Other Celestial Bodies includes the Moon as well as other celestial bodies to be a common human heritage or The article in Article 136, United Nations Convention on the Law of the Sea (UNCLOS) mentions the seabed as well as the ocean floor as such. At an intergovernmental conference, an agreement draft under the UNCLOS regarding the conservation and sustainable utilization of marine biodiversity of regions beyond the jurisdiction of national authorities (BBNJ) was ratified. The principle goal of the agreement is the protection and sustainable utilization of oceanic biodiversity regions that aren’t under federal jurisdiction, both in the immediate and the long run,

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