Law & Society

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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“…with Liberty and justice for all.” Thus ends one of the most important texts in America, the Pledge of Allegiance. Most of us recited this text throughout our schooling, they are said at many public events, and all Congressional sessions are opened with its words. But do we as a people really know what these vital words mean?
Let’s focus on one of these words: Liberty. Today, many exchange this word with freedom, but what I want to show you is that Liberty goes much deeper, has much greater effects, and is much more powerful, important, and relevant than mere freedom.

Freedom is, at best, the license to do what you want as long as you do not hurt others. At worst, it is license to do what you want without considering the rights of others. Freedom exercised by the masses, without good character, will result in anarchy or tyranny. Freedom without responsibility is dangerous, costly, and ultimately restrictive on individuals and society. In terms of ability to act freely without consequences, Somalia, with little working internal government, is a ‘freer’ society than the United States. The ramifications of freedom without character are disorder, chaos, injustice, and poverty.

Societies with a small notion of Liberty are ultimately better off than societies based only on ideas of freedom. Liberty is the opportunity to make a choice to assume responsibility and accept the consequences. The fruit of liberty are order, justice, wisdom, and prosperity. When people’s actions are determined and tempered by the obligation to assume responsibility and accept the consequences (be they good or bad), those actions will ultimately work towards the advancement and progress of all, rather than the profit of one at the expense of many.

Liberty is not won easily, and is not preserved complacently. In fact, liberty is under assault everyday by those who make others pay for their actions. Today, do you see people accepting responsibility, or are they blaming somebody else? Are they – or you – looking for a bailout? Are they looking for someone else to take over and pay for their actions? Or did they step up to the plate and say, “I’m responsible, the buck stops here”?

The ideas that surround liberty are so life-changing, so profound, and so important that they affect everything you do. Your view of Liberty – or lack thereof – has already affected everything that has happened to you in your life.

Liberty is not just something that people in Washington should be concerned about, and it is not something that can be preserved by the hands of a few. Thomas Jefferson said, “Educate and inform the whole mass of people. They are the only sure reliance for the preservation of our Liberty.” Our founders and the first generation of Americans paid a steep price for our liberty. Many were imprisoned, persecuted, tortured, and killed for the cause of liberty. It honors their sacrifice to remember the cause of their strong spirit.

The preservation and sustainment of Liberty depends on you. It's time to discover liberty or lose it.

The term resources mean anything that is useful for the society and helps in its advancement. Minerals, oil, natural vegetation are all considered as resources. Similarly, human beings, without whom none of the progress would have been possible, are also considered as resources. In the recent years the developed and the developing countries are making a marked improvement in the field of human resource development.

Human resources are one of the main driving forces behind a country’s development. USA is one of the foremost nations in the world in the availability of jobs in human resources. And the province of Georgia is also a leading centre. The province of Georgia has a population of 9,829,211. Because of the presence of such a huge population there is always abundant supply of workers necessary to run a country. What are human resources?

The staffs and people who operate an organization are called human resources. People might find more serious and bookish definition of the concerned term. This is the basic one need to know no matter whether it is Florida or Georgia.
The most important task of an HR is to manage the staff, maintain their morale, and motivate them throughout the term so that the company receives the best of their work. It might sound easy, but it is extremely difficult to motivate and inspire people, especially when they are asked to do the same old thing again and gain and again.

Here a wise, intelligent, experienced, HR professional will know how to pull it off in style. There are many industries in Georgia facing the same problem of people wanting to quit their job just because they want to taste some other job. Here in such a situation, the importance of the HR is felt the most. Saving the company from an apparent loss depends largely on him.

We all know that the USA has a multi colored community where the office environment is not the same as in other countries. Dealing with people from so many backgrounds is difficult. He needs to deal with everyone’s problem with efficiency, accuracy and confidentiality and while doing so he needs to be headstrong so that he can reach to solutions.

Most companies nowadays require human resources person in order to run the company in harmony. So there is no less opportunity to bag a job in this field, provided that they are experienced and efficient. It is suggestion to the young and new HR professionals that get your mind set fixed first.

Try to be a good reader of minds so that you face no problem in understanding the problems of the employees. If your intension is to bag a job in human resources then go man, because the field is left open in front of you. You simply need to walk in and conquer.

The violations of human rights have always been the fate of a majority of Pakistanis. What is new in recent times is that such violations are being exposed at a larger scale by the print and electronic media. Today, a little development to protect and promote the rights of Pakistanis is undoubtedly indebted to the vibrant media of Pakistan. But this is certainly not enough, as hundreds of thousands of people are still deprived of their fundamental rights in this country, a country conceptualized and established as an Islamic Welfare State.

Today Pakistan is neither an Islamic nor a welfare state. As a matter of fact it is not really fair separating former from latter since if she was merely targeted to be Islamic; she would have been a welfare state naturally. I came out of the library of the London School of Economics with these thoughts after reading several books and research articles on Islam and Human Rights.

Pakistan was among the first row of countries that adopted the Universal Declaration of Human Rights in 1948 according to which ‘the rights to a standard of living adequate for the health and well-being of oneself and one’s family, including food, clothing, housing, medical care and necessary social services and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control’ [Article 25, UDHR]

Each and every right mentioned above is being violated every day in Pakistan. The dozens of international and local NGOs, a separate Human Rights Ministry and so many other institutions working for people’s rights, seem to have failed when misery and hardships of the down trodden lot remain the same. We still see hundreds of little kids working in hazardous conditions rather than going to schools. We still have our government hospitals over filled with no adequate facilities of free medical care. A large number of people are without shelter and our educated youth, after going through intense unemployment trauma, find no choice except to waste their lives doing odd jobs abroad.

In its 2009 report, Amnesty International has identified various areas of humanitarian crisis in Pakistan which indicates that there has been no remarkable change from dictatorial period to the establishment of so called democratic government in the country. These human rights violations predominantly include arbitrary arrest and detentions; torture and other ill-treatment; enforced disappearances; violence against women and girls; abuses by armed groups; children’s rights; religious minorities’ rights; death penalty and many others.

If the Government of Pakistan has a little concern over these issues, they must think of:
 Whether the Ministry of Human Rights made a slightest contribution so far towards protecting and promoting the rights of the people of Pakistan?
 What efforts have been made to assist the national and international humanitarian institutions working in rural and urban setting of Pakistan, to develop a collaborative network focusing the humanitarian crisis in the country at grass root level?
 Whether the Government has taken any initiative to promote human rights education in Pakistan?

I know I can never find any satisfactory answers of the first two questions but focusing on the third one can somehow resolve the rights violations issues in Pakistan to a large extent.

Ignorance is a constant threat to human rights that breeds discrimination, intolerance and radicalization in societies. According to the federal executive Government of Australia: ‘Education protects human rights much more effectively than any punitive or legal regime’ Several countries in the world started formal qualifications in human rights years ago. An aggressive movement started around the world that made the governments promote human rights education and research centres. Even in India, Punjab University, Chundigurh started a post graduate qualification and several other diploma level study programmes in 2006/07. The University also extended human rights education to its affiliate colleges at the bachelors’ degree level.

Surprisingly, in Pakistan, where the need for specific human rights education is of utmost importance , there seems to be no initiative being taken at government or private levels to start formal education in the human rights area.Advantages of specific human rights qualification could be several but the biggest advantages include an awareness of rights; their securing and promoting mechanisms; role of the wider human rights movement in protecting human rights and involvement of various human rights actors including the media, government and non-government organizations and different national and international institutions working for the rights of people around the globe.

These human rights violations are inevitable until the time our society as a whole decides to fight against it and educating our youth about human rights, in national and international context, could be a milestone towards becoming a true Islamic Welfare Society.