The Eagle: Trinity College Law Gazette

Page 8

Page 5

Theory

Is Climate Change the Ultimate Tragedy of the Commons? By Olivia Moore (Understanding The Tragedy of the Commons), JS Law and Political Science and Samantha Tancredi (Climate Change and Accountability: A Tragedy of the Commons?), JS Law and Political Science Caithfidh sé a bheith cóir a rá gur tír í Éire atá bunaithe ar phobal. Is cuid luachmhar d’ár n-oidhreacht í. Tóg an seanfhocail “Ar scáth a chéile a mhaireann na daoine”, mar shampla, a thaispeánann seo dúinn go soléir. Ach é sin ráite, ní féidir linn a rá go bhfuil Éire, ná aon tír eile dá ndéarfainn é, ag déanamh machnaimh ar an gcomhairle sin – go háirithe laistigh de cheist na timpeallachta. (It must be fair to say that Ireland is a country based on community. It is an important part of our heritage. For example, take the old Irish phrase “People live in each other’s shadows”, that we rely on each other for shelter, which shows this clearly. But, that said, we cannot claim that Ireland, nor any other country for that matter, is taking this advice – especially where it concerns the environment.) Understanding The Tragedy of the Commons The Tragedy of the Commons is a concept that has been making the rounds since the days of Aristotle. However, the modern application of this model, and the one that most might be familiar with, is associated primarily with Mr Garrett Hardin, an American ecologist who published a famous article on the subject in 1968. In it, he details a situation in which the rational choices of individuals, acting independently and in their own self-interest, clash with the interests and needs of the larger community. This, he argues, will inevitably result in the depletion of resources against the long-term interests of both individuals, and the group as a whole. Breaking this down further, the commons can be defined as any shared resource to which all persons have open, free, and unrestrained access. Examples might be the atmosphere, rain forests, outer space, oceans, fisheries, and public land. Thus, the tragedy aspect of his theory occurs when individuals act solely in their own best interests, but consequently to the worst interests of the broader population. One of the most poignant examples of this phenomenon occurs in the realm of the environment - and more specifically, in problems of pollution. Here it is not so much a question of taking something out of the commons, but of putting something in – sewage onto land, or chemical, radioactive, and heat wastes into water, or harmful and dangerous fumes into the air. However, the system remains much the same: the calculations of utility are much the same as before. The rational man finds that his share of the cost of the wastes he discharges into the commons is less than the cost of purifying his wastes before releasing them. And since this is true for everyone, we are locked into a system of “fouling our own nest” – provided we behave only as independent, rational, free enterprisers acting only in our own self-interest. Climate Change and Accountability: A Tragedy of the Commons? With the salience of the current climate crisis pressing our everyday, the urgency of change brings in the necessity to analyze the Tragedy of the Commons in conjunction with climate change. As is previously mentioned, it is the logic of the individual to act in his or her own self interest, which drives the exploitation of open lands, or the “commons.” Drawing this metaphor to a global scale, one must view the Earth’s atmosphere as the commons of the future. While the effects of climate change are unfortunately both plentiful and catastrophic, the magnitude of the phenomenon expands when considering the intrinsic economic and humanitarian consequences.


Turn static files into dynamic content formats.

Create a flipbook

Articles inside

Interview with Trinity Professor and Co-Founder of Natural Capital Ireland, Jane Stout by Dylan Krug

15min
pages 86-94

An Interview with Environmental Justice Solicitor Rebecca Keatinge by Emma Bowie

7min
pages 82-85

The Dichotomy of Inference: Voluntourism and Outsourced Emissions by Ellen Hyland

5min
pages 68-69

15-Minute Cities, Irish Planning Bureacuracy, and Dutch Urban Design by Ted Halligan

10min
pages 74-77

Fast Fashion, the Environment, and the Need to Stop the Cycle by Doireann Minford

6min
pages 70-73

Brennan

7min
pages 78-81

The Complicated Relationship Between the U.S. and the Paris Climate Agreement by Niamh Stallings

6min
pages 64-67

ECtHR Climate Litigation: Youth Taking the Lead Once Again by Jacob Hudson

10min
pages 57-63

Environmental Destruction and Blood: The True Price of Oil by Adaeze Chuckwugor and Dara Neylon-Marques

12min
pages 53-56

From Megaphones to Magistrates: Climate Activism is Turning to the Courtroom by Eoin Gormley

6min
pages 50-52

An Interview with Environmental Law Specialist Sinéad Martyn by Emma Bowie

9min
pages 46-49

The Future of Constitutionally Protected Environmental Rights by Kyle Egan

7min
pages 37-41

Interview with Matthew Mollahan, Campaign Assistant with Climate Case Ireland by Scott Murphy

8min
pages 34-36

The Eagle Interviews Former President Mary Robinson by Rory Anthoney-Hearn

6min
pages 42-45

The Cancer of Climate Change Law: Challenges of Pre-Existing Legal Formalism are Proving Cumbersome by Luke Gibbons

7min
pages 30-33

Toward a Greener Constitution: The Fate of a Constitutional Right to a Healthy Environment in Ireland by Muireann McHugh

8min
pages 21-23

A Constitutional Right to a Healthy Environment by Georgia Dillon

12min
pages 24-29

Non-Western Legal Traditions and Environmental Law by Emilie Oudart

6min
pages 18-20

Is Climate Change the Ultimate Tragedy of the Commons? by Olivia Moore and Samantha Tancredi

7min
pages 8-11

Buried Treasure: The Memphis Sands Aquifer by Leah Grace Wolf

5min
pages 12-15

The Eagle: Environmental Issues Foreword by Trinity Professor, Dr Suryapratim Roy

2min
pages 6-7

Do Rivers Have Rights? The Legal Standing of Rivers as a Reflection of the Societies in Which They Flow by Aoibh Manning

6min
pages 16-17

Letter from the Editor by Samantha Tancredi

2min
page 5
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.