Shaping Cooperation in Critical Raw Materials Governance through the Principle of Common Concern of Humankind

Daniëlla Dam-de Jong, Leiden University (Netherlands)

Critical raw materials (CRMs) – such as rare earths, lithium and cobalt - are crucial for the green transition and digital economy, yet their extraction and processing are geographically concentrated and their supply increasingly framed as a national security issue. This presentation advances a fundamentally different approach to the governance of CRMs. Recognising their strategic importance for all states, it explores whether cooperation can be achieved through the application of the principle of common concern of humankind (CCH). This principle emerged in the context of international environmental law to address collective action challenges such as the fight against climate change and biodiversity protection, but has since been used in different areas as well, for instance in relation to securing global access to plant genetic resources. The principle entails an obligation to cooperate for all states, while respecting state sovereignty. This makes it particularly suitable for regulating access to CRMs.