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A Legal Doctrine owing its origins to the Department of International Law

The doctrine of Common Concern of Humankind—a principle increasingly shaping contemporary international law—has its intellectual roots at the University of Malta. The idea was originally formulated within the Department of International Law by its founding Head, Professor Judge David J. Attard, who articulated it as a framework for understanding how the international community collectively addresses climate change and similar global challenges that transcend national boundaries.

Since its formulation, the doctrine has steadily gained prominence in international legal discourse and practice. In particular, it has begun to appear in the reasoning of major international courts and tribunals. Explicit references to the doctrine can now be found in the jurisprudence of institutions such as the International Court of Justice (Advisory Opinion on Climate Change, 2025), the International Tribunal for the Law of the Sea (Advisory Opinion on Climate Change 2024), and the European Court of Human Rights (Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, 2025) . These developments illustrate how a doctrine initially developed within our University has progressively entered the judicial vocabulary of international adjudication.

The growing judicial engagement with the doctrine of Common Concern reflects a broader evolution in international law. Courts increasingly recognise that certain global issues—ranging from environmental protection to the safeguarding of fundamental rights—are not solely matters of individual State interest but concern the international community as a whole. The emergence of this concept within judicial reasoning therefore signals a shift towards a more collective understanding of international responsibility.

The Department of International Law is proud to see a doctrine developed within its scholarly community gaining recognition in international jurisprudence. The trajectory of Common Concern of Humankind from theory to judicial acknowledgment highlights the continuing role of legal scholarship in shaping the development of international law.


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