In light of growing geopolitical tensions between China and the West, the chapter focuses on areas of persistently shared interests and common concerns of humankind. Climate change, the protection of biodiversity and pandemics cannot be addressed in isolation but require common efforts and international cooperation in the dissemination of technologies and knowledge, despite ideological differences. The paper stresses the importance of existing WTO law and sets a trade-related agenda for these areas. Finally, it submits that a future principle of Common Concern of Humankind offers guidance in finding common ground for multilateral negotiations on trade, competition and investment in the WTO. It is capable of protecting the interests of a global community increasingly caught in big-power rivalry.

Tracing the background and origins of common concern of humankind, this chapter elaborates the legal framework and normative components of a future principle of Common Concern of Humankind. While its contours have remained vague and undetermined so far, we suggest that a future principle could emerge in a process of claims and responses, consisting of essentially three dimensions. Problems actually or potentially posing a threat to international peace and stability - and thus in need to be addressed - entail obligations to consult and cooperate, beyond current disciplines of general public international law. It entails obligations to implement international obligations and commitments, in addition to domestic law which in the field, may deploy extraterritorial effects in addressing the shared problem at hand. Finally, the principle obliges states to act and take countermeasures, subject to proportionality, in response to free-riding and evasive states. The principle of Common Concern is not limited to international law, but may also deploy comparable effects within states and federations in addressing pressing shared problems. It has the potential to become an important building block of transnational federalism and multi-level governance and to assist restructuring different areas of public international law seeking greater cooperation and commitments in addressing pressing and shared regulatory needs.

Massive accumulation of marine litter is internationally recognized as one of the most pressing environmental concerns of our time. The chapter shows that there is a process underway towards recognition of marine litter, and marine plastic pollution in particular, as a common concern of humankind. It identifies existing general obligations in the subject area, which largely correlate with the pillars of the doctrine as discussed in this book. The chapter explores the potentials of the doctrine of common concern to further reinforce global efforts to mitigate marine plastic pollution. It argues that the recognition of marine plastic pollution as a common concern of humankind urges states to cooperate more closely and calls for the establishment of a specific legal framework on marine plastics, including from land-based pollution sources. In a legal binding instrument, standards can be set regarding national implementation.