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Climate change is a well-recognized common concern of humankind. On that basis, this chapter explores the implications of the Common Concern doctrine upon climate motivated rulemaking and implementation in the trade regime. The particular aspect of the climate change problem dealt with here is that of low-carbon technology diffusion. It is proposed that based on this doctrine, the prevalent narrative of trade and technology diffusion issues be reframed in a way that prioritizes the need for resolving existing market failures preventing new technologies from being adopted, especially those of high price, absence of incentives and lack of financing options. Going further, the chapter then closely analyses two potential trade measures – (i) carbon pricing with cross-border recycling of revenue for technology support, and (ii) better rates of official export credit support for low-carbon technologies. It is found that the doctrine of Common Concern, apart from being an excellent normative framing device, can aid better understanding of the WTO rules, and also inspire reforms thereof to facilitate diffusion of clean technologies.
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.
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