Atmospheric Commons as a Public Trust Resource: The Common Heritage of Mankind Principle in Dialogue with Duties of Citizenship

摘要

Baatz's (2014) fair share allocations of individual Emissions Rights proposal underappreciates systemic 'moral corruption' at the heart of climate change (CC) (Gardiner, 2011). Imperfect duties ascribed to over-users in the tragedy of the commons cannot be 'as far as can reasonably be demanded'. Justice requires collective action (Hourdequin, 2010) to address the 'tyranny of the contemporary' (Gardiner, 2011) and 'endangerment findings' that GHG emissions pose public health threats (EPA, Clean Air Act, 2010). State and federal governments have duties to rein in 'intergenerational buck-passing' (Gardiner, 2011). Social and equity implications and inequalities should be considered when regulating and utilizing the common pool of renewable resources in climate, health, well-being and energy policy interactions, and it is incumbent on governments to do right by those who are facing climate related hardships, who are already mourning cultural and physical losses.