The Planetary Crisis: Applicability of Negotiorum Gestio

In: Environmental policy and law, Band 54, Heft 2-3, S. 111-116

Abstract

Negotiorum gestio is originally a civil law concept. When an intervenor acts on behalf of, and for the benefit of, the principal without the prior consent of the principal, the intervenor is entitled to reimbursement of expenses. The concept of negotiorum gestio can provide a legal basis for it. Does the concept exist in international law? Although negotiorum gestio is rarely referred to in international law and its legal status is unclear, we can find it in some treaties like salvage conventions as well as some diplomatic practices like the reimbursement of expenses arising from the assistance to abate and prevent environmental damage to the Gulf after the Gulf War in the framework of the United Nations Compensation Commission. Moreover, the application of the concept of negotiorum gestio is indispensable for addressing planetary level crisis such as space debris and planetary defense. Even if international cooperation is difficult due to geopolitical situations, voluntary actions by a State acting in good faith to mitigate the crisis should be promoted. Negotiorum gestio can be the legal basis of such actions.