Animals, common heritage and common concern

Scholtz, Werner (2024) Animals, common heritage and common concern. In, Peters, Anne and Stucki, Saskia (eds.) Oxford Handbook on Global Animal LAw. Oxford University Press. (In Press)

Record type: Book Section

Abstract

This chapter analyses the internationalisation and globalisation of the protection of wildlife in international law through the common heritage of humankind and common concern of humankind. The analysis indicates that the ‘common heritage’ has had little impact on wildlife in international law due to its restricted application to the deep seabed and the Moon, and I indicate that the contentious proposal to internationalise wildlife within the territorial borders of states through the declaration of these resources as the ‘common concern’ is problematic and unsound. Rather, the ‘common concern’ is a more suitable vehicle to recognise the global dimension of wildlife. ‘Common concern’ seems to be in opposition to the permanent sovereignty over wildlife and requires a reconciliation through the acceptance of custodial sovereignty, which recognises the global dimension of wildlife and a communitarian and custodial approach to the conservation and sustainable use of wildlife. This article argues for an evolutionary interpretation of the sustainable use of wildlife, which incorporates welfare concerns under the rubric of sustainable development. Thus, I suggest that ‘common concern’ also globalises welfare concerns which could ultimately strengthen the progressive development of Global Animal Law.

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