Local Governments and Global Commons

Local Governments and Global Commons

This Article explores the decisions local governments make when confronted with a global commons collective action problem. Local governments often assume a role analogous, but not identical, to that of an individual private actor on a traditional commons. Unlike private actors, local governments are subject to a unique set of legal restrictions. This Article analyzes some of those legal restrictions and explores whether the restrictions alter local government “rational” decision making relative to global commons resources. The Article predominantly focuses on international and national laws and how those laws encourage or discourage the sustainable management of global commons resources. The analysis reveals that local governments are often intimately involved in decisions that influence global commons resources, including the atmosphere. Further, international and national restrictions propel local governments into a tragedy of the global commons by, among other things, diluting and limiting local government authority to address multi-jurisdictional commons challenges. In light of this, the Article reimagines the role of local governments and the authority they have to manage global commons resources. The Article offers three examples that selectively reduce barriers prohibiting local governments from sustainably managing resources without sacrificing national sovereignty or supremacy. These examples are designed to facilitate a discussion on incorporating local governments into the international and national discourse on effectively avoiding the misuse of global commons resources.

Brigham Young University Law Review

2014

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English