Humanity as a catalyst for obligations omnium et erga omnes in the fight against climate change

Abstract

The idea of humanity as a civilizing principle of international law has passed from the humanitarian field to other sectors of the international order, such as the environment, through the protection of the atmosphere as a common concern of the international community. We are in a historical moment, similar to the one experienced in 1945, when the protection of human rights ceased to be considered an issue that was an internal matter of each State to become a matter of international interest. This study analyzes the recent works of the International Law Commission, from which the existence of obligations omnium and erga omnes with respect to the protection of the environment on a global scale seems to be inferred. Likewise, the eventual consequences that derive from its non-compliance, in matters that are a common concern of humanity, are defended as well.