The Planet´s “Functional Aspect” and the 1992 Rio Convention: Climate as Nobody’s Stuff, or as Common Heritage?

Paulo Magalhães

Keywords

climate common heritage; functional aspect; global common goods;
climate change

Abstract

International Law has always been unable to distinguish the functional-aspect of the Earth System from the static nature of sovereignty. This distinction, considered necessary by the United Nations International Law Commission (ILC), allows a legal approach to climate (planet-software) as an intangible legal object, abandoning the current status of res nullius – atmosphere/oceans as humanity’s garbage dump. Rio 1992 defined the Climate System, and today it is possible to define its legal status as res communis to avoid the tragedy of commons.