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Towards an International Law of the Commons


ISBN13: 9789004750920
Published: August 2026
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £112.00



Despatched in 12 to 14 days.

What if we rethought international law through the lens of the commons? This book challenges us to examine global goods, resources, and spaces - from water to culture, from the Moon to the internet - not as objects to exploitation, but as productive systems shared by active communities and governed by international law: as vibrant universal commons.

Drawing on an extensive survey of practice, legal instruments, and jurisprudence, it demonstrates how individuals, peoples, states, and international organisations may act as commoners in relation to resources that are often overlooked - whether too small or too vast - yet essential to life.Moving beyond profit-driven models, the book advances a regenerative framework in which international law secures rights to commoning. It demonstrates how fragmented rules can be integrated into a comprehensive branch of international law through a paradigm shift.

Subjects:
Public International Law
Contents:
Abbreviations
Glossary

Chapter 1 Introduction: On Commons
Chapter 2 From Common Resources to Commons: From Local to Global
Chapter 3 Restricting Enclosures
Chapter 4 The Critical Ambiguity: Res Nullius or Res Communis?
Chapter 5 Commoning as a Right
Chapter 6 The Paradigm Shift
Chapter 7 Conclusions: The Inescapable Utopia of the Possible

Bibliography
Index