COMMON HERITAGE OF MANKIND

INTRODUCTION

The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world order to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality .

Initially, the development of the common heritage of mankind principle in international law is traced to provide an understanding of how the conflicting interpretations over its substance have arisen. This examination demonstrates the opposing positions taken by developing and developed states, prior to the principle's overall acceptance in the 1994 Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea. It also evidences that, despite overall acceptance, the common heritage of mankind principle lacks precise legal obligations .

Due to the ideological differences of developed and developing states, the common heritage of mankind principle has been interpreted in various ways. These interpretations have not been reconciled and there has been no juridical consideration of the common heritage of mankind principle to clarify them. Therefore, the precise legal requirements of the principle of the common heritage of mankind remain undefined.

The concept of the 'common heritage of mankind" governs the deep seabed, air space, outer space and Antarctica. However. the principle of the common heritage of mankind has differing interpretations and consequently lacks legal force. Subsequently, an attempt is made to give content to each element of the common heritage of mankind principle by considering existing international legal principles drawn from various sources. This demonstrates where the principle currently lacks content. More importantly, it also indicates the elements of the principle that require the most development to allow effective management of these common heritages.

The proclamation of certain areas as the common heritage of mankind has raised the question as to whether a new form of territorial regime is in process of being created .In 1970, the UN General Assembly adopted a Declaration of Principles governing the seabed and ocean floor in which it was noted that the area in question and its resources were the common heritage of mankind. This was reiterated in Articles 136 and 137of the 1982 Convention on the Law of the Sea, in which it was provided that no sovereign or other rights would be recognized with regard to the area, except in the case of minerals recovered in accordance with the Convention. Article XI of the 1979 Moon treaty emphasize that the moon and its natural resources are the common heritage of mankind. Attempts are also being made to declare Antarctica as a common heritage .

Antarctica is a very intriguing topic in this regard as it is a huge ice covered landmass surrounded by water like an island. Seven countries have stake their claims on this continent. These countries are Australia, Argentina, New Zealand, Chile, France, Norway and United Kingdom. Such claims are based on variety of grounds, ranging from mere discovery to Sector principle. In 1959 the Antarctic Treaty was signed by all states concerned with territorial claims or scientific exploration in the area. Its major effects were to demilitarize Antarctica, and to suspend but not eliminate territorial claims.

All these treaties regarding common heritage also concerns the environment also. Today there is a general feeling to protect the environment from deteriorating further. To this effect there have been many treaties signed .but this paper will concern it self with those treaties concerning common heritage which has an environmental effect also.

This paper studies global commons regimes, such as the Antarctic Treaty and the Agreement governing the Activities of States on the Moon and Other Celestial Bodies, and international environmental law in order to determine by what means the common heritage of mankind principle could evolve into a juridical standard. By contrasting similar principles and regimes that have had varying success, it becomes possible to determine what approach is required to make the common heritage of mankind principle an effective standard. Also this paper will examine the international environment law and the link between the common heritage and the environment. The researcher will study those treaties of common heritage which also speaks on environment issues.

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