Transcending the Tragedy of the Commons

Abstract

The work of Elisabeth Mann Borgese represents an important bridge between the world federalist and ocean conservation movements in the twentieth century, and offers a viable path for overcoming the false dichotomy between human rights inherent in much of our discourse about the Tragedy of the Commons. Her vision of universal human rights and the protection of the oceans as the ``common heritage of humanity{''} helped to shape the third UN Convention on the Law of the Sea (UNCLOS) in 1982, and articulated principles that could be useful in establishing the global rule of law in order to protect the atmosphere and climate of the Earth in the twenty-first century.